22-22-7.1. Sexual contact defined--Exception when within the scope of medical practice.
As used in this chapter, the term, sexual contact, means any touching, not amounting to rape, whether or not through clothing or other covering, of the breasts of a female or the genitalia or anus of any person with the intent to arouse or gratify the sexual desire of either party. Practitioners of the healing arts lawfully practicing within the scope of their practice, which determination shall be conclusive as against the state and shall be made by the court prior to trial, are not included within the provisions of this section. In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause.
Source: SL 1976, ch 158, §22-4; SL 1982, ch 177, §2; SL 1993, ch 178, §5; SL 1997, ch 133, §2; SL 2004, ch 152, §1.
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.