ENTITLED, An Act to  provide that sexual penetration with a minor stepchild is rape in the third degree.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section  1.  That § 22-22-1 be amended to read as follows:
     22-22-1.   Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:

             (1)      If the victim is less than ten years of age; or

             (2)      Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution; or

             (3)      If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or

             (4)      If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or

             (5)      If the victim is ten years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim; or

             (6)      If persons who are not legally married and who are within degrees of consanguinity within which marriages are by the laws of this state declared void pursuant to §   25-1-6, which is also defined as incest; or

             (7)    If the victim is ten years of age but less than eighteen years of age and is the child of a spouse or former spouse of the perpetrator.

     A violation of subdivision (1) of this section is rape in the first degree, which is a Class 1 felony. A violation of subdivision (2), (3), or (4) of this section is rape in the second degree, which is a Class 2 felony. A violation of subdivision (5), (6), or (7) of this section is rape in the third degree, which

is a Class 3 felony. Notwithstanding §   23A-42-2 a charge brought pursuant to this section may be commenced at any time prior to the time the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.

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An Act to provide that sexual penetration with a minor stepchild is rape in the third degree.

========================= I certify that the attached Act originated in the SENATE as Bill No. 62 ____________________________ Secretary of the Senate =========================      ____________________________ President of the Senate Attest: ____________________________ Secretary of the Senate ____________________________ Speaker of the House Attest: ____________________________ Chief Clerk Senate Bill No. 62 File No. ____ Chapter No. ______

========================= Received at this Executive Office this _____ day of _____________ , 20____ at ____________ M. By _________________________ for the Governor ========================= The attached Act is hereby approved this ________ day of ______________ , A.D., 20___ ____________________________ Governor ========================= STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________ , 20___ at _________ o'clock __ M. ____________________________ Secretary of State By _________________________ Asst. Secretary of State