Rape- third degree - South Dakota Sexual Assault Laws

In South Dakota, the criminal charge of Rape- third degree is classified as a Class 2 felony.

Rape- third degree Crime & Punishment in South Dakota :

The South Dakota code § 22-22-1 defines one degrees of the crime rape- third degree, each with associated punishments. The degree of the crime depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.

Severity	Rape- third degree - Charge Description	Punishment
Class 2 felony	If sexual penetration occurs and victim is incapable of giving consent to such act because of any intoxicating, narcotic, or anesthetic agent or hypnosis. If sexual penetration occurs and victim is incapable of giving consent to such act because of physical or mental incapacity.	A maximum of 25 years in prison and a maximum of $50,000 in fines

Rape- third degree defined in other states :

Rape- third degree is a charge in a total of five other state(s). The exact definition, charge type, and potential sentencing of this charge varying state to state. For further details please refer to the state page.

State	Charge Type(s)	Punishment(s)
Delaware	Class B felony	2-20 years
Kentucky	Class D felony	1-5 years in prison
New York	Class E felony	A maximum of 4 years in jail
Oregon	Class C felony	Up to 5 years; $100,000 fine
Washington	Class C felony	Maximum of 5 years in prison, and/or a fine of $10,000

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