21.235.15 96th Legislative Session 609

2021 South Dakota Legislature

House Bill 1096


An Act

ENTITLED An Act to provide a penalty for sexual contact with a minor by a person holding a position of authority.

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

Section 1. That a NEW SECTION be added:

22-22-7.8. Sexual contact with child under eighteen--Position of authority--Penalty.

A person is guilty of a Class 6 felony if the person:

(1) (a) Is at least eighteen years of age; and

(b) Is at least five years older than the victim;

(2) Is in a position of authority, as defined in this section; and

(3) Knowingly engages in sexual contact with another who is:

(a) Less than eighteen years of age; and

(b) Not the person's spouse.

For purposes of this section, a person is in a position of authority if the person, at the time of the sexual contact, or within the one-hundred-twenty-day period immediately preceding the sexual contact, interacts, no matter how briefly, with the victim as a coach, child care provider, disability services provider, guardian ad litem, health care provider, law enforcement officer, mental health counselor, probation officer, religious leader, school administrator, social worker, teacher, therapist, or youth leader.

Notwithstanding § 23A-42-2, a charge pursuant to this section may be brought at any time before the victim reaches the age of twenty-five or within seven years from the commission of the crime, whichever is longer.

An Act to provide a penalty for sexual contact with a minor by a person holding a position of authority.

I certify that the attached Act originated in the:

House as Bill No. 1096

Chief Clerk

Speaker of the House


Chief Clerk

President of the Senate


Secretary of the Senate

House Bill No. 1096

File No. ____

Chapter No. ______

Received at this Executive Office

this _____ day of _____________,

2021 at ____________M.


for the Governor

The attached Act is hereby

approved this ________ day of

______________, A.D., 2021




Office of the Secretary of State

Filed ____________, 2021

at _________ o'clock __M.

Secretary of State


Asst. Secretary of State