S.D. Codified Laws § 22-22-1.5

Current through the 2024 Legislative Session
Section 22-22-1.5 - Definitions

Terms used in this chapter mean:

(1) "Consent," a person's positive cooperation in act or attitude pursuant to the person's exercise of free will;
(2) "Force," the use of physical effort sufficient to overcome, restrain, injure, or prevent escape;
(3) "Mental incapacity," a mental or developmental disease or disability that renders a person incapable of appraising the nature of the person's conduct; and
(4) "Physical incapacity," a person's incapability of resisting because the person is unconscious, asleep, or is subject to another physical condition that prevents the person from giving consent or resisting.

SDCL 22-22-1.5

SL 2023, ch 71, §1.
Added by S.L. 2023, ch. 71,s. 1, eff. 7/1/2023.