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Overall South Dakota treats children as adults and makes no exception for 16 year olds reaching the legal age of adult hood. Child being a term subjective to perception after a certain age.
SDCL 22-22.7.78 defines sexual contact with a person under 18, who is in a position of authority, at least 18 years old themselves, and at least 5 years older than the person, as a felony offense. Position of authority, for the purpose of the law, would include a person related by 5 degrees of affinity or consanguinity. Meaning through relationships or biology.
This includes religious leaders, school administrators, social workers, teachers, therapist, youth leaders, probation officers, health counselors, law enforcement, coaches, and child care providers. This law is from 2021.
South Dakota defines sexual contact with a person under 16 as a felony in 22-22-7. There is also a definition that describes that any person can have sexual contact with their spouse if they are 16 years of age or older. The law can be better visualized in a table or diagram. Sexual contact with a person 13 years of age or older when there is an age difference of 5 years or less is a misdemeanor. This means an 18 year old dating a 13 year old would be a misdemeanor. This law is from 1950.
| Older Person | Younger Person | Status | |
| greater than 16 | 16 | spouse | no crime |
| 16 or greater | 16 or lesser | spouse | no crime up to 13 or 11 |
| 16 or greater | 16 or lesser | not spouse | Felony |
| 18 or lesser | 13 or greater | not spouse | possible felony |
| 18 or lesser | 13 or greater | spouse | not a felony |
| 16 or lesser | 13 or greater | either status | class 1 misdemeanor |
The person who is younger has until the age of 25 to file charges of sexual contact with a child under 16. SDCL 22-22.7.78 only applies to people in position of authority, who are not a spouse.
SDCL 22-22.7.78 clarifies that persons under the age of 16 who have sexual contact with another person under 16 are guilty of a class 1 misdemeanor. If anything, SDCL22-22.7.78 defines sexual contact as touching a buttock or an inner thigh.
SDCL 22-2-1.2 defines the penalty for those charged with a felony and having sexual contact with someone under 13. 10 years with consent and 15 years without consent.
SDCL 26-10-29 defines childhood sexual abuse as being a felony if the complainant was less than 18 AND if the act would have violated SDCL 22-22, including 22-22-7. From 1991.
Interestingly tattooing a minor without parental consent is a misdemeanor according to SDCL 26-10-19. From 1985.
Driving
South Dakota allows 14 year olds to obtain an instruction permit (SDCL 32-12-11). They can drive from 6 AM to 10 PM with a parent or guardian in the car. They must have 50 hours of instruction time before they can get their Restricted permit.
This restricted permit (SDCL 32-12-12) allows a 14 year old to drive by themselves from 6A to 10P and with a guardian from 10P to 6A. The cost of the restricted permit is the same as a normal license. This is defined in SDCL 32-12-16.
In July 2020, the law was changed. 14 year olds must now wait longer than 6 months to get their restricted permit. The new waiting period is 9 months as of 2020.
Drinking Alcohol
This law is somewhat complicated but easy to understand.
18 year olds in South Dakota can drink alcohol provided by a parent, guardian, or spouse on a non licensed premise. This means no bars, convenience stores, or restaurants that serve alcohol with a South Dakota alcohol serving license. The person providing the alcohol must also be over 18. Technically, say 5 or 6 18 year olds would like to have a drink and there is alcohol on the non-licensed premise. A person over the age of 21 that meets the provider definition would need to provide the alcohol to them, they can not provide the alcohol to themselves or to each other.
SDCL 35-9-1 from 1939, last updated in 2010.
SDCL 35-9-1.1 defines a class 2 misdemeanor for persons between 18 and 21 who provide alcohol to other persons between 18 and 21 unless it is in the presence of a legal guardian. There is no civil liability to an injured party for providing them alcohol.
SDCL 35-9-1 allows persons under the age of 18 to accept alcohol from a parent, guardian, or spouse without the provider of alcohol receiving a class 1 misdemeanor. The provider can still receive a negligence or abuse charge if too much alcohol is provided.
Licensed establishments who sell alcohol to a person under age 21 or 18, possibly 16 in some circumstances will face a fine of $500 for the first offense, $750 for the second offense, and $1000 dollars for a third offense. The counter resets after a 2 year waiting period. The state attorney can determine if the licensee is liable. From 2010.
Other Laws
SDCL 26-2-1 allows minors to give delegation of power for property in their immediate control. It also allows parents to establish an account at a financial institution and to sign on their behalf for the purpose of establishing the account. This creates a binding agreement between the financial institution and the minor.
SDCL 22-22-24.3 defines sexual exploitation of a minor as an activity or simulation involving nudity or obscenity. It examines if it might be harmful to the child.
SDCL 22-22-1.3 requires a psycho-sexual assessment for those convicted of a felony sex crime.
SDCL 22-22-7.5 provides safety zones for a child who is a victim of a sex crime. This places a 1000 foot barrier between the child and the defendant. It prohibits contact directly or through a third party.
SDCL 22-24A defines child pornography. Notably Solicitation of a Minor is a felony. It requires that the solicitation be for a prohibited sex act.
Interesting Bigamy is also defined in SDCL 22-22A-1. The definition is established as someone who marries another person while currently married to a living person. This does not prohibit divorcing a person between the ages of 16 and 18 and marrying another person between the ages of 16 and 18. It also does not prohibit remarrying a former spouse between the ages of 16 and 18 after a divorce. What the law prohibits is being married to more than 1 person at a time. The law is from 1939.