SOUTH DAKOTA : Rape/Molestation Statutes of Limitation
Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:
1. If the victim is less than thirteen years of age (Class B felony); 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 (Class 1 felony); or
3. If the victim is incapable, because of physical or mental incapacity, of giving consent to such act (Class 2 felony); or
4. If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis (Class 2 felony); 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 (Class 3 felony).
Sexual contact with child under sixteen occurs when any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years, and is at least three years older than the victim, is guilty of a Class 3 felony.
The statute of limitations for any felony sex offense involving a minor under 18 is until the victim reaches his or her 25th birthday.
Bob rapes 15-year-old Jane. She has until her 25th birthday to press charges against Bob.
In general, for any Class A, B, or 1 felonies, there is no statute of limitations (the case can be reported and tried at any time after it occurred). For all other felonies, the limitation is 7 years after the commission of the act.
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