South Dakota Code § 22-22-7.2

Sexual contact with person incapable of consenting--Felony
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Any person, fifteen years of age or older, who knowingly engages in sexual contact with another person if the other person is sixteen years of age or older and the other person is incapable, because of physical or mental incapacity, of consenting to sexual contact, is guilty of a Class 4 felony.

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