22.546.10 97th Legislative Session 448
Introduced by: Senator Duhamel
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:
As used in this
chapter, the term, sexual contact, means any touching
with the intent to arouse or gratify the sexual desire of either
amounting to rape, whether or not through clothing or other covering,
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 inner thighs of any person.
Practitioners of the healing arts
lawfully practicing within the scope of their practice, which
as against the state and
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.
Underscores indicate new language.
indicate deleted language.