Bill > HB1031

This bill revises South Dakota law regarding rape offenses by increasing penalties and modifying sentencing provisions. Specifically, it amends the definition of rape to include situations where the perpetrator knows or should know the victim is not consenting, and it upgrades the penalty for rape involving a victim under thirteen years old from a Class C to a Class B felony. The bill also modifies the conditions under which a court can impose a sentence other than the mandatory one, requiring written findings of mitigating circumstances for departures from mandatory sentences related to specific rape statutes and another statute concerning sexual contact with a minor. Furthermore, it introduces a mandatory minimum sentence of ten years for adults convicted of sexual contact with a victim under thirteen years old, and it repeals a section that previously outlined minimum sentences for certain rape offenses.

Justice

https://sdlegislature.gov/#/Session/Bill/26831