22-22-2 Sexual penetration defined--Acts constituting sodomy--Medical practitioners excepted.
Sexual penetration defined--Acts constituting sodomy--Medical practitioners
Sexual penetration means an act, however slight, of sexual intercourse, cunnilingus,
fellatio, anal intercourse, or any intrusion, however slight, of any part of the body or of any object
into the genital or anal openings of another person's body. All of the foregoing acts of sexual
penetration, except sexual intercourse, are also defined as sodomy. Practitioners of the healing arts
lawfully practicing within the scope of their practice, which determination shall be conclusive as
against the state and shall be made by the court prior to trial, are not included within the provisions
of this section. In any pretrial proceeding under this section, the prosecution has the burden of
establishing probable cause.
Source: SDC 1939, § 13.2802; SL 1975, ch 169, § 2; SL 1980, ch 176, §§ 1, 2; SL 1986, ch 181;
SL 1993, ch 178, § 4; SL 1997, ch 133, § 1.