Any psychotherapist who knowingly engages in an act of sexual penetration, as defined in § 22-22-2, 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 that the act of sexual penetration is committed, commits a Class 4 felony. Consent by the patient is not a defense.
S.D. Codified Laws § 22-22-29
Sexual penetration by psychotherapist--Felony
Applied in 1 court decision — leading case Weisbeck v. Hess (1994)
Most recently applied in Weisbeck v. Hess (November 1994)
Source: SL 1993, ch 178, § 3; SL 2005, ch 120, § 405.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.