Aggravated incest--Related child--Felony
Applied in 3 court decisions — leading case State v. Craig (2014)
Most recently applied in State v. Jones (December 2016)
Source: SL 2005, ch 120, § 21; SL 2008, ch 109, § 1.
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.
Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either:
(1) The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or
(2) Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;
is guilty of aggravated incest. Aggravated incest is a Class 3 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.