Any person, fifteen years of age or older, who knowingly engages in sexual contact with another person if the other person is sixteen years of age or older and the other person is incapable, because of physical or mental incapacity, of consenting to sexual contact, is guilty of a Class 4 felony.
S.D. Codified Laws § 22-22-7.2
Sexual contact with person incapable of consenting--Felony
Applied in 6 court decisions — leading case State v. Boston (2003)
Most recently applied in State v. Richter (November 2025)
Source: SL 1985, ch 182; SL 2005, ch 120, § 396; SL 2013, ch 106, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.