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S.D. Codified Laws § 22-22-1.5

Definitions

Applied in 3 court decisions — leading case State v. Belt (2024)

Most recently applied in State v. Long (December 2025)

Source: SL 2023, ch 71, § 1.

Terms used in this chapter mean:

(1) "Consent," a person's positive cooperation in act or attitude pursuant to the person's exercise of free will;

(2) "Force," the use of physical effort sufficient to overcome, restrain, injure, or prevent escape;

(3) "Mental incapacity," a mental or developmental disease or disability that renders a person incapable of appraising the nature of the person's conduct; and

(4) "Physical incapacity," a person's incapability of resisting because the person is unconscious, asleep, or is subject to another physical condition that prevents the person from giving consent or resisting.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.