South Dakota Code § 22-22A-3

Aggravated incest--Related child--Felony
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Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either:
(1) The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or
(2) Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to §
25-1-6
;
is guilty of aggravated incest. Aggravated incest is a Class 3 felony.

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