South Dakota

South Dakota

Sex Offenses § 22-22-28

Sexual contact by psychotherapist–Felony

Universal Citation: SD Codified L § 22-22-28 (2014)

22-22-28. Sexual contact by psychotherapist–Felony. Any psychotherapist who knowingly engages in sexual contact, as defined in § 22-22-7.1, with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time of contact, commits a Class 5 felony. Consent by the patient is not a defense.

Sex Offenses § 22-22-29 Sexual penetration by psychotherapist—Felony

Universal Citation: SD Codified L § 22-22-29 (2014)

22-22-29. Sexual penetration by psychotherapist–Felony. Any psychotherapist who knowingly engages in an act of sexual penetration, as defined in § 22-22-2, with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time that the act of sexual penetration is committed, commits a Class 4 felony. Consent by the patient is not a defense.