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State of South Dakota
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EIGHTY-EIGHTH SESSION
LEGISLATIVE ASSEMBLY, 2013
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752U0383
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SENATE JUDICIARY ENGROSSED NO. SB 38 - 01/15/2013
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Introduced by: The Committee on Judiciary at the request of the Office of the Attorney
General
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FOR AN ACT ENTITLED, An Act to increase the penalty for sexual acts between correction
facility employees and juvenile detainees.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-22-7.6 be amended to read as follows:
22-22-7.6. Any person employed at any jail or juvenile correctional facility, who knowingly
engages in an act of sexual contact or sexual penetration with another person who is in detention
and under the custodial, supervisory, or disciplinary authority of the person so engaging, and
which act of sexual contact or sexual penetration does not otherwise constitute a felony pursuant
to the provisions of chapter 22-22, is guilty of a Class 6 felony if the victim is an adult and a
Class 4 felony if the victim is a juvenile.
A juvenile correctional facility pursuant to this section is a juvenile detention facility as
defined in subdivision 26-7A-1(16) or a juvenile facility operated by the Department of
Corrections under § 1-15-1.4.
170 copies were printed on recycled paper by the South Dakota
Legislative Research Council at a cost of $.093 per page.
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Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.
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