South Dakota Code § 22-22A-2

Incest--Prohibited sexual contact--Felony
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Any persons, eighteen years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other:
(1) Who are not legally married; and
(2) Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to §
25-1-6
;
are guilty of incest. Incest is a Class 5 felony.

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