An Act to revise the definition of sexual contact.

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

Section 1. That § 22-22-7.1 be AMENDED:

22-22-7.1. As used in this chapter, the term, sexual contact, means any touching with the intent to arouse or gratify the sexual desire of either party, 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.:

(1) Breasts of a female; or

(2) Genitalia, anus, buttocks, or upper inner thighs of any person.

Practitioners of the healing arts lawfully practicing within the scope of their practice, which determination shall be is conclusive as against the state and shall must 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.