South Dakota Codified Laws 22-22A-2. Incest–Prohibited sexual contact

Any persons, eighteen years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other:

(1) Who are not legally married; and

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
Class 5 felony	up to 5 years	up to $10,000

For details, see § 22-6-1

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(2) Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;

are guilty of incest. Incest is a Class 5 felony.

Source: SL 2005, ch 120, § 20.

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