South Dakota Codified Laws 22-22A-3.1. Aggravated incest–Foster child–Felony
Current as of: 2023 | Check for updates
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Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:
(1) The licensed foster care provider; or
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 3 felony | up to 15 years | up to $30,000 |
Terms Used In South Dakota Codified Laws 22-22A-3.1
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(2) A resident of the licensed foster care provider’s home and related to the licensed foster care provider by blood or marriage.
Aggravated incest is a Class 3 felony.
Source: SL 2008, ch 109, § 2.