An Act to enhance the penalty on registered sex offenders who commit sexual contact without consent from a person capable of consenting.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 22-22-7.4 be AMENDED:

22-22-7.4. No person fifteen years of age or older may knowingly engage in sexual contact with another person other than his or her spouse who, although capable of consenting, has not consented to such contact. A violation of this section is a Class 1 misdemeanor. A violation of this section by a person registered as a sex offender pursuant to chapter 22-24B at the time of the offense is a Class 6 felony if committed by a person who has been convicted of a sex crime as defined in § 22-24B-1 within ten years of the offense.

An allegation that a defendant has previously been convicted of a sex crime must be filed as a separate information at the time of, or before, arraignment. The separate information must state the time and place of the defendant's conviction and the specific sex crime that resulted in the defendant's conviction. The separate information must be signed by the prosecutor. The separate information may not be divulged to the jury in any manner unless and until the defendant has been convicted of the principal offense.