Any psychotherapist who knowingly engages in sexual contact, as defined in § 22-22-7.1, with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time of contact, commits a Class 5 felony. Consent by the patient is not a defense.
S.D. Codified Laws § 22-22-28
Sexual contact by psychotherapist--Felony
Applied in 2 court decisions — leading case State v. Blair (2006)
Most recently applied in State v. Blair (August 2006)
Source: SL 1993, ch 178, § 2; SL 2005, ch 120, § 404.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.