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State of South Dakota  
SEVENTY-FIFTH SESSION
LEGISLATIVE ASSEMBLY,  2000  

556D0395  
SENATE BILL   NO.     62  

        Introduced by: Senators Albers, Madden, and Vitter and Representatives Hennies, Apa, and Engbrecht  

         FOR AN ACT 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) or , (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.