South Dakota Code § 22-22-28

Sexual contact by psychotherapist--Felony
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Any psychotherapist who knowingly engages in sexual contact, as defined in §
22-22-7.1
, with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time of contact, commits a Class 5 felony. Consent by the patient is not a defense.

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