South Dakota Code § 22-22A-3.1

Aggravated incest--Foster child--Felony
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Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:
(1) The licensed foster care provider; or
(2) A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.
Aggravated incest is a Class 3 felony.

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