It’s currently a Class 6 felony, the lowest level of felony in South Dakota law, for a guard to engage in sexual activity with an inmate. That carries a maximum sentence of two years in prison and a $4,000 fine.
But under the, law there’s no difference depending on whether the inmate is a legal adult. Attorney General Marty Jackley said sex with an inmate younger than 16, the age of consent, could be charged as rape, but sex with an inmate who’s 16 or 17 would be treated the same as with an adult.
That would change if the Legislature passes Senate Bill 38. It would make it a Class 4 felony, with a maximum sentence of 10 years in prison and a $20,000 fine, for a guard to have sex with a juvenile inmate.