22-22-1. Rape--Degrees--Felony--Statute of limitations.
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; 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; or
(3)If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or
(4)If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; 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.
A violation of subdivision (1) of this section is rape in the first degree, which is a Class C felony. A violation of subdivision (2) of this section is rape in the second degree which is a Class 1 felony. A violation of subdivision (3) or (4) of this section is rape in the third degree, which is a Class 2 felony. A violation of subdivision (5) of this section is rape in the fourth degree, which is a Class 3 felony. Notwithstanding the provisions of §23A-42-2, no statute of limitations applies to any charge brought pursuant to subdivisions (1) or (2) of this section. Otherwise a charge brought pursuant to this section may be commenced at any time prior to the time the victim becomes of age twenty-five or within seven years of the commission of the crime, whichever is longer.
Source: SDC 1939, §§13.2801, 13.2803; SDCL §22-22-5; SL 1972, ch 154, §21; SL 1975, ch 169, §§1, 5; SL 1976, ch 158, §22-1; SL 1977, ch 189, §51; SL 1978, ch 158, §10; SL 1980, ch 175; SL 1982, ch 176, §1; SL 1984, ch 165, §1; SL 1984, ch 167, §2; SL 1985, ch 179; SL 1985, ch 181, §1; SL 1988, ch 187; SL 1989, ch 194, §2; SL 1990, ch 161, §2; SL 1990, ch 162, §1; SL 1991, ch 24, §8; SL 1994, ch 165, §2; SL 1994, ch 166, §2; SL 2000, ch 100, §1; SL 2005, ch 120, §390; SL 2012, ch 125, §1.