revise and repeal provisions related to rape offenses and to increase the penalty therefor.
HB 1031 revises South Dakota's rape offense definitions and increases penalties, primarily affecting victims under 13 and perpetrators convicted of sexual crimes against minors. It adds new circumstances to rape definitions (e.g., victim incapacity due to intoxication) and establishes a 15-year minimum sentence for first offenses involving victims under 13. The bill also removes the statute of limitations for rape cases involving victims under 13 or using force/coercion, allowing charges to be filed until the victim turns 25. These changes directly impact criminal sentencing for sexual offenses and extend legal accountability for certain victims.
Bill status
passed
3 of 5 stages cleared
Introduction
Jan 2026
Committee Review
House Passage
Feb 2026
Senate Passage
Governor
Introduced Jan 13, 2026
Last action Feb 11, 2026
Floor votes
How they voted
This bill passed the House by voice vote (no roll call recorded).
Full legislative history
Actions timeline
Total actions
6
Key actions
1
Committee
0
Feb 11, 2026
Lower · Passed
Judiciary Deferred to the 41st legislative day , Passed, YEAS 8, NAYS 2
lower
Jan 13, 2026
Introduced
First read in House and referred to House Judiciary H.J. 13
lower
12 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Aaron Aylward
RRepublican
P
Brandei Schaefbauer
RRepublican
P
Dylan Jordan
RRepublican
P
Eric Emery
DDemocratic
P
Heather Baxter
RRepublican
P
Jana Hunt
RRepublican
P
Josephine Garcia
RRepublican
P
Phil Jensen
RRepublican
P
Red Dawn Foster
DDemocratic
P
Spencer Gosch
RRepublican
P
Tamara Grove
RRepublican
P
Travis Ismay
RRepublican
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