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 a defense.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 5 felonyup to 5 yearsup to $10,000
For details, see § 22-6-1

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Terms Used In South Dakota Codified Laws 22-22-28

  • Dependent: A person dependent for support upon another.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 1993, ch 178, § 2; SL 2005, ch 120, § 404.