AN ACT

        ENTITLED, An Act to provide that no statute of limitations applies to certain rape offenses.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 22-22-1 be amended to read as follows:
    22-22-1. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:
            (1)    If the victim is less than thirteen years of age; or
            (2)    Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution; or
            (3)    If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or
            (4)    If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or
            (5)    If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim.
    A violation of subdivision (1) of this section is rape in the first degree, which is a Class C felony. A violation of subdivision (2) of this section is rape in the second degree which is a Class 1 felony. A violation of subdivision (3) or (4) of this section is rape in the third degree, which is a Class 2 felony. A violation of subdivision (5) of this section is rape in the fourth degree, which is a Class 3 felony. Notwithstanding the provisions of § 23A-42-2, no statute of limitations applies to any charge brought pursuant to subdivisions (1) or (2) of this section. Otherwise a charge brought pursuant to this section may be commenced at any time prior to the time the victim becomes of age twenty-five or within seven years of the commission of the crime, whichever is longer.
An Act to provide that no statute of limitations applies to certain rape offenses.

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I certify that the attached Act originated in the

SENATE as Bill No. 68

____________________________
Secretary of the Senate
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____________________________
President of the Senate

Attest:

____________________________
Secretary of the Senate

____________________________
Speaker of the House

Attest:

____________________________
Chief Clerk

Senate Bill No. 68
File No. ____
Chapter No. ______  
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Received at this Executive Office this _____ day of _____________ ,

20____ at ____________ M.


By _________________________
for the Governor
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The attached Act is hereby approved this ________ day of ______________ , A.D., 20___

____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State

Filed ____________ , 20___
at _________ o'clock __ M.

____________________________
Secretary of State

By _________________________
Asst. Secretary of State