S.D. Codified Laws § 22-22A-3.1

Aggravated incest--Foster child--Felony

Applied in 1 court decision — leading case State v. Johnson (2015)

Most recently applied in State v. Johnson (February 2015)

Source: SL 2008, ch 109, § 2.

Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:

(1) The licensed foster care provider; or

(2) A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.

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.