State Guide
Age of Consent in South Dakota
A plain-English guide to the age of consent in South Dakota, cited to S.D. Codified Laws § 22-22-1 and § 22-22-7. Genuine close-in-age allowances exist for both penetration and contact, at different thresholds.
Close-in-age allowance: 3 years (penetration), 5 years (contact)South Dakota at a glance
The core figures from this guide, in one place.
| Age of consent | 16 |
|---|---|
| Governing statutes | S.D.C.L. § 22-22-1(5) (rape), § 22-22-7 (contact) |
| Close-in-age mechanism, penetration | Not covered if gap is under 3 years, victim 13–15 |
| Close-in-age mechanism, contact | Reduced to misdemeanor if gap is under 5 years, victim 13+ |
| Under 13 | No allowance — covered regardless of gap |
Overview
South Dakota sets its age of consent at 16. S.D. Codified Laws Section 22-22-1(5) makes it rape for sexual penetration with someone 13 through 15, but only where the perpetrator is at least three years older. Below that gap, this specific subdivision does not apply.
A separate statute, Section 22-22-7, covers sexual contact without penetration, and reduces the charge from a felony to a misdemeanor where the victim is 13 or older and the actor is less than five years older.
Age of consent in South Dakota
Section 22-22-1(5) applies where the victim is 13 through 15 and the perpetrator is at least three years older; this is rape, a Class 3 felony. Section 22-22-1(1) separately covers a victim under 13 with no age-gap consideration at all, classified as a more serious Class C felony.
Close-in-age rules in South Dakota
South Dakota uses two different mechanisms depending on the type of conduct:
- Sexual penetration, victim 13–15: not covered by Section 22-22-1(5) if the perpetrator is less than three years older. This is a true exemption from rape.
- Sexual contact only, victim 13 or older, under 16: Section 22-22-7 reduces the charge from a Class 3 felony to a Class 1 misdemeanor if the actor is less than five years older, but the conduct remains a crime either way.
Exceptions and defenses
Section 22-22-7 excludes the actor’s spouse from coverage. A subsequent conviction of either Section 22-22-1(5) or Section 22-22-7, following an earlier conviction under either, is enhanced to a Class 2 felony under Section 22-22-7.7, regardless of the original age gap.
Applicable statutes
The codified South Dakota law this guide is drawn from.
Practical examples
Example 1. A 15-year-old and a 17-year-old, sexual penetration, a two-year gap. Because the gap is under three years, Section 22-22-1(5) does not reach this conduct.
Example 2. A 14-year-old and a 18-year-old, sexual contact only, a four-year gap. Because the gap is under five years, this is a Class 1 misdemeanor under Section 22-22-7 rather than the base felony.
Example 3. A 12-year-old and a 15-year-old, sexual penetration, a three-year gap. Because the victim is under 13, Section 22-22-1(1) applies regardless of the gap, the most serious class of felony.
Frequently asked questions about South Dakota
What is the age of consent in South Dakota?
16. S.D.C.L. Section 22-22-1(5) and Section 22-22-7 apply different gap thresholds for penetration and contact with a victim 13 through 15.
Does South Dakota have a Romeo and Juliet law?
Yes, in two forms. Penetration is not covered by rape if the gap is under three years. Contact-only conduct is reduced from a felony to a misdemeanor if the gap is under five years.
Is the contact allowance a full exemption?
No. It reduces the charge from a felony to a misdemeanor; the conduct remains a crime either way.
Does either allowance apply to a victim under 13?
No. A victim under 13 is covered by the most serious rape provision regardless of the age gap.
Are married couples treated differently?
Yes, for contact-only conduct. Section 22-22-7 excludes the actor’s spouse from coverage.
Official sources
Primary and official sources this guide is built from.
Two thresholds by type of conduct
South Dakota’s allowance depends on whether penetration or contact occurred.
| Conduct | Statute | Effect below threshold |
|---|---|---|
| Sexual penetration | § 22-22-1(5), 3-year gap | Not covered at all |
| Sexual contact only | § 22-22-7, 5-year gap | Reduced to misdemeanor |
About this guide
Who wrote it, who reviewed it, and when it was last checked.
RomeoAndJulietLaw.com Editorial Team
Drafted directly from the South Dakota Codified Laws via the official South Dakota Legislature website.
Pending attorney review
This guide has not yet been checked by a licensed South Dakota attorney. It is sourced and cited, but should not be treated as attorney-reviewed until this line is updated with a named reviewer.
Primary source for this guide
Editorial notes
This guide reflects S.D.C.L. §§ 22-22-1 and 22-22-7 as of 27 July 2026, drawn directly from the official South Dakota Legislature website with statute text confirmed verbatim. It has not yet been reviewed by a licensed South Dakota attorney.