S.D. Codified Laws § 22-22-28 (2026)
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.
Source: SL 1993, ch 178 , § 2; SL 2005, ch 120 , § 404.