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
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
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
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