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
(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.
I certify that the attached Act
originated in the
SENATE as Bill No. 68
Secretary of the Senate
President of the Senate
Secretary of the Senate
Speaker of the House
Senate Bill No. 68
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State