South Dakota USLegal Guide to Statutory Rape

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Multi-State
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US-GDE-19
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This guide provides an overview of statutory rape laws in the U.S. Topics covered include age of victim thresholds, reporting requirements, enforcement of the law, and and links to resources.

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FAQ

South Dakota's Romeo and Juliet Laws This means anyone over 16 can consent to sexual activity with any other person who is also over 16. However, South Dakota has a limited Romeo and Juliet exemption for consensual sex between two minors who are both at least 13 years old and fewer than three years apart in age.

Takeaways on South Dakota's Laws The general age of consent is 16. There is a limited Romeo and Juliet exemption for consensual sexual contact between minors under 16 who are less than 3 years apart in age. Anyone over 18 risks a misdemeanor charge for sexual activity with a consenting 16- or 17-year-old.

The legal age of consent varies slightly between states, and is 16 in South Dakota. Therefore, if a 15-year-old girl voluntarily engages in sexual intercourse with her 19-year-old boyfriend, then the boyfriend can be charged with statutory rape in South Dakota.

In South Dakota, grand theft is considered a felony and can result in severe penalties, including imprisonment for up to 25 years for the most serious offense, when over $500,000 worth of property is stolen.

Criminal trespass--Violation as misdemeanor. Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor.

The lowest age of consent is in Nigeria (11), followed by the Philippines and Angola (12). The age of consent is 13 in three countries ? Niger, Comoros, and Burkina Faso. The countries where the age of consent is 14 include a number of South American countries: Brazil, Columbia, Peru, Paraguay, Ecuador, and Bolivia.

The age of consent in California is 18 years old. This means that anyone under the age of 18 is considered a minor and cannot legally consent to sexual activity. If someone engages in sexual activity with a minor under the age of 18, they can be charged with statutory rape.

22-22-1. Rape--Degrees--Penalty--Statute of limitations. (6) Without the victim's consent and the perpetrator knows or reasonably should know the victim is not consenting. A violation of subdivision (1) is rape in the first degree, which is a Class C felony.

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South Dakota USLegal Guide to Statutory Rape