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Code · South Dakota · Title 22 · Chapter 22-22

22-22-7.1. Sexual contact defined--Exception when within the scope of medical practice.

108 words·~1 min read·/sd/title-22/chapter-22-22/22-22-7-1·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

As 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.
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