Incest--Prohibited sexual contact--Felony
Applied in 2 court decisions — leading case State v. Klaudt (2009)
Most recently applied in State v. Johnson (February 2015)
Source: SL 2005, ch 120, § 20.
Any persons, eighteen years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other:
(1) Who are not legally married; and
(2) Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;
are guilty of incest. Incest is a Class 5 felony.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.