22-22A-1      Bigamy--Exceptions--Felony.
22-22A-2      Incest--Prohibited sexual contact--Felony.
22-22A-3      Aggravated incest_Related child--Felony.
22-22A-3.1      Aggravated incest--Foster child--Felony.
22-22A-4      Removal of minor from state for adoption prohibited until parents' consent or termination of rights--Violation as felony.

22-22A-1. Bigamy--Exceptions--Felony.

Any person who, while married to another presently living person, marries any other person, is guilty of bigamy. The provisions of this section do not apply to:

(1)    Any person, if that person's husband or wife has been absent for five successive years and is not known to be living by such person;

(2)    Any person, if that person's husband or wife has absented himself or herself from such spouse by being outside the United States, continuously for at least five years;

(3)    Any person, if that person's marriage has been pronounced void, annulled, or dissolved by a competent court; or

(4)    Any person, presently married, who believes, in good faith, and has reason to believe, that the marriage has been pronounced void, annulled, or dissolved by a competent court.

Bigamy is a Class 6 felony.

Source: SDC 1939, § 13.1713; SL 1976, ch 158, § 22-6; SL 2000, ch 104, § 1; SDCL, § 22-22-15; SL 2005, ch 120, §§ 19, 23.

22-22A-2. Incest--Prohibited sexual contact--Felony.

Any persons, eighteen years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other:

(1)    Who are not legally married; and

(2)    Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;

are guilty of incest. Incest is a Class 5 felony.

Source: SL 2005, ch 120, § 20.

22-22A-3. Aggravated incest--Related child--Felony.

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.

Source: SL 2005, ch 120, § 21; SL 2008, ch 109, § 1.

22-22A-3.1. Aggravated incest--Foster child--Felony.

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.

Source: SL 2008, ch 109, § 2.

22-22A-4. Removal of minor from state for adoption prohibited until parents' consent or termination of rights--Violation as felony.

No person other than a legal or putative parent may remove or aid in the removal of any minor from the State of South Dakota for the purpose of adoption until a valid consent to adopt or termination of parental rights has been obtained from all legal and putative parents. A violation of this section is a Class 6 felony.

Source: SL 1977, ch 205, § 4; SL 1992, ch 158, § 5; SDCL, § 25-5A-7.1; SL 2006, ch 130, § 9.