Chapter 97

(House Bill 1096)

An Act to provide a penalty for sexual contact with a minor by a person holding a position of authority.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

22-22-7.8. Sexual contact with child under eighteen--Position of authority--Penalty.

A person is guilty of a Class 6 felony if the person:

(1) (a) Is at least eighteen years of age; and

(b) Is at least five years older than the victim;

(2) Is in a position of authority, as defined in this section; and

(3) Knowingly engages in sexual contact with another who is:

(a) Less than eighteen years of age; and

(b) Not the person's spouse.

For purposes of this section, a person is in a position of authority if the person, at the time of the sexual contact, or within the one-hundred-twenty-day period immediately preceding the sexual contact, interacts, no matter how briefly, with the victim as a coach, child care provider, disability services provider, guardian ad litem, health care provider, law enforcement officer, mental health counselor, probation officer, religious leader, school administrator, social worker, teacher, therapist, or youth leader.

Notwithstanding § 23A-42-2, a charge pursuant to this section may be brought at any time before the victim reaches the age of twenty-five or within seven years from the commission of the crime, whichever is longer.

Signed March 25, 2021

Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.

Overstrikes indicate deleted language.