22-22-1. Rape–Degrees–Felony–Statute of limitations. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances: (1)If the victim is less than thirteen years of age; or (2)Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim’s […]
22-22-1.2. Minimum sentences for rape or sexual contact with child. If any adult is convicted of any of the following violations, the court shall impose the following minimum sentences: (1)For a violation of subdivision 22-22-1(1), fifteen years for a first offense; and (2)For a violation of §22-22-7 if the victim is less than thirteen years […]
22-22-1.3. Contents of presentence investigation report for person convicted of sex crime. Any person convicted of a felony violation as provided in subdivisions 22-24B-1(1) to (15), inclusive, and (19), (24) and (25), shall have included in the offender’s presentence investigation report a psycho-sexual assessment including the following information: the offender’s sexual history; an identification of […]
22-22-1.4. Exception for mitigating circumstances–Factual basis relied upon in writing. The sentencing court may impose a sentence other than that which is required by §§22-22-1.2 and 22-6-1.2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by §22-22-1.2 or 22-6-1.2. The court’s finding of mitigating circumstances and […]
22-22-2. Sexual penetration defined–Acts constituting sodomy–Medical practitioners excepted. Sexual penetration means an act, however slight, of sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the body or of any object into the genital or anal openings of another person’s body. All of the foregoing acts of sexual penetration, […]
22-22-24.3. Sexual exploitation of a minor–Felonies–Assessment. A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that: (1)Is harmful to minors; (2)Involves nudity; or (3)Is obscene. Consent to performing these proscribed acts by a minor […]
22-22-26. County to pay for forensic medical examinations. The county where an alleged rape or sexual offense occurred shall pay the cost of any forensic medical examination performed by a physician, hospital, or clinic on the victim of the alleged rape or sexual offense. For purposes of the provisions of §§22-22-26 to 22-22-26.2, inclusive, the […]
22-22-26.1. Cost of forensic medical examination–Convicted defendant to reimburse county. A person who is convicted of a rape or sexual offense shall be required as part of the sentence imposed by the court to reimburse the county for the cost of any forensic medical examination performed under §22-22-26 resulting from the rape or sexual offense […]
22-22-26.2. Coordination of payment of cost of forensic medical examinations–Notice to victim–Victim not required to participate. Each physician, hospital, and clinic conducting an examination under §22-22-26 shall coordinate with the county to establish a payment process by which the county shall pay for the cost of any forensic medical examination performed under §22-22-26 and to […]
22-22-26.3 . Forensic medical examination–Minors age sixteen or older–Consent–Notification. A minor age sixteen or older may consent to a forensic medical examination, as defined under §22-22-26. The consent is not subject to disaffirmance because of minority, and consent of a parent or guardian is not required under this section . The physician, hospital, or clinic […]
22-22-26.4 . Forensic medical examination–Informed Consent–Liability or discipline. A physician, hospital, or clinic may provide a forensic medical examination, as defined under §22-22-26, without the consent of a guardian of a protected person, as defined under § 29A-5-102 , to any protected person who provides informed consent. If a patient has a guardian, the physician, […]
22-22-27. Definition of terms–Sex offenses by psychotherapists. Terms used in §§22-22-28 and 22-22-29 mean: (1)”Emotional dependency,” a condition of the patient brought about by the nature of the patient’s own emotional condition or the nature of the treatment provided by the psychotherapist which is characterized by significant impairment of the patient’s ability to withhold consent […]
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 […]
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 […]
22-22-42. Bestiality–Acts constituting–Commission a felony. No person, for the purpose of that person’s sexual gratification, may: (1)Engage in a sexual act with an animal; or (2)Coerce any other person to engage in a sexual act with an animal; or (3)Use any part of the person’s body or an object to sexually stimulate an animal; or […]
22-22-43. Sexual act with an animal defined–Proof. For the purposes of §22-22-42, the term, sexual act with an animal, means any act between a person and an animal involving direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and […]
22-22-44. Provisions of §22-22-42 not applicable to accepted practices. The provisions of §22-22-42 do not apply to or prohibit normal, ordinary, or accepted practices involved in animal husbandry, artificial insemination, or veterinary medicine. Source: SL 2003, ch 127, §3.
22-22-45. Threatening to commit a sexual offense–Felony. Any person who has been convicted of a felony sex offense as defined in §22-24B-1 who directly threatens or communicates specific intent to commit further felony sex offenses is guilty of threatening to commit a sexual offense. Threatening to commit a sexual offense is a Class 4 felony. […]
22-22-46. Assisting, harboring, concealing, or providing false information about sex offender–Felony. Any person who knowingly assists, harbors, or conceals a sex offender in eluding law enforcement or provides false information regarding the residence or whereabouts of a sex offender is guilty of a Class 5 felony. Source: SL 2006, ch 121, §12.
22-22-7. Sexual contact with child under sixteen–Felony or misdemeanor. Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person’s spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the victim is at least […]
