22-22-27. Definition of terms--Sex offenses by psychotherapists.
Terms used in §§22-22-28 and 22-22-29 mean:
(1)"Emotional dependency," a condition of the patient brought about by the nature of the patient's own emotional condition or the nature of the treatment provided by the psychotherapist which is characterized by significant impairment of the patient's ability to withhold consent to sexual acts or contact with the psychotherapist and which the psychotherapist knows or has reason to know exists;
(2)"Patient," any person who seeks or obtains psychotherapeutic services from a psychotherapist on a regular and ongoing basis;
(3)"Psychotherapist," any physician, psychologist, nurse, chemical dependency counselor, social worker, member of the clergy, marriage and family therapist, mental health service provider, or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy; and
(4)"Psychotherapy," the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.
Source: SL 1993, ch 178, §1; SL 2005, ch 120, §403.
Structure South Dakota Codified Laws
Section 22-22-1 - Rape--Degrees--Felony--Statute of limitations.
Section 22-22-1.2 - Minimum sentences for rape or sexual contact with child.
Section 22-22-1.3 - Contents of presentence investigation report for person convicted of sex crime.
Section 22-22-1.4 - Exception for mitigating circumstances--Factual basis relied upon in writing.
Section 22-22-7 - Sexual contact with child under sixteen--Felony or misdemeanor.
Section 22-22-7.1 - Sexual contact defined--Exception when within the scope of medical practice.
Section 22-22-7.2 - Sexual contact with person incapable of consenting--Felony.
Section 22-22-7.3 - Sexual contact with child under sixteen years of age--Violation as misdemeanor.
Section 22-22-7.5 - Safety zone of child victim of sex crime.
Section 22-22-7.8 - Sexual contact with child under eighteen--Position of authority--Penalty.
Section 22-22-24.3 - Sexual exploitation of a minor--Felonies--Assessment.
Section 22-22-26 - County to pay for forensic medical examinations.
Section 22-22-26.1 - Cost of forensic medical examination--Convicted defendant to reimburse county.
Section 22-22-26.4 - Forensic medical examination--Informed Consent--Liability or discipline.
Section 22-22-27 - Definition of terms--Sex offenses by psychotherapists.
Section 22-22-28 - Sexual contact by psychotherapist--Felony.
Section 22-22-29 - Sexual penetration by psychotherapist--Felony.
Section 22-22-42 - Bestiality--Acts constituting--Commission a felony.
Section 22-22-43 - Sexual act with an animal defined--Proof.
Section 22-22-44 - Provisions of § 22-22-42 not applicable to accepted practices.
Section 22-22-45 - Threatening to commit a sexual offense--Felony.