76-5-401.Unlawful sexual activity with a minor — Elements — Penalties — Evidence of age raised by defendant. Xxx video South Dakota
The age of consent in South Dakota is 16 . There exist two close in age exemptions, depending on the age of the younger partner. :
• Younger minor under 13 + Elder minor under 16 (more than 3 years between them ) :
o Sexual contact = 4th Degree & Sexual penetration = 3rd Degree
• Younger minor under 13 + Elder minor above 16 :
o pornography = 2nd Degree (younger under 16 vs. However, the Washington Supreme Court in the case of State v.
