22-22-7.1 Sexual contact defined--Exception when within the scope of medical practice.
Sexual contact defined--Exception when within the scope of medical practice.
used in this chapter, the term, sexual contact, means any touching, not amounting to rape, whether
or not through clothing or other covering, of the breasts of a female or the genitalia or anus of any
person with the intent to arouse or gratify the sexual desire of either party. Practitioners of the
healing arts lawfully practicing within the scope of their practice, which determination shall be
conclusive as against the state and shall be made by the court prior to trial, are not included within
the provisions of this section. In any pretrial proceeding under this section, the prosecution has the
burden of establishing probable cause.
Source: SL 1976, ch 158, § 22-4; SL 1982, ch 177, § 2; SL 1993, ch 178, § 5; SL 1997, ch 133, § 2;
SL 2004, ch 152, § 1.