South Dakota legislation · 101st Legislature (2026)
South Dakota HB1031: revise and repeal provisions related to rape offenses and to increase the penalty therefor.
Status: Failed, February 11, 2026
What the bill says
An Act to revise and repeal provisions related to rape offenses and to increase the penalty therefor.
From the introduced text, January 5, 2026:
An Act to revise and repeal provisions related to rape offenses and to increase the penalty therefor. Be it enacted by the Legislature of the State of South Dakota: Section 1. That § 22-22-1 be AMENDED: 22-22-1. Rape is an act of sexual penetration accomplished with any person under any of the following circumstances: (1) If the victim is less than thirteen years of age; (2) Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution; (3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act and the perpetrator knows or reasonably should know of the victim's incapacity; (4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis and the perpetrator knows or reasonably should know the victim is incapable of giving consent; (5) If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim; or (6) Without the victim's consent and the perpetrator knows or reasonably should know the victim is not consenting. A violation of subdivision (1) is rape in the first degree, which is …
Sponsors
- Travis Ismay (R, HD-028) · primary sponsor
- Aaron Aylward (R, HD-006)
- Heather Baxter (R, HD-034)
- Eric Emery (D, HD-026)
- Red Foster (D, SD-027)
- Josephine Garcia (R, HD-005)
- Spencer Gosch (R, HD-023)
- Tamara Grove (R, SD-026)
- Jana Hunt (R, HD-028)
- Phil Jensen (R, 33)
- Dylan Jordan (R, HD-004)
- Brandei Schaefbauer (R, HD-003)
Latest actions
- : Deferred to the 41st legislative day
- : Scheduled for hearing
- : Scheduled for hearing
- : Scheduled for hearing
- : Scheduled for hearing
- : First read in House and referred to Judiciary
Votes
- Deferred to the 41st legislative day (February 11, 2026): 8 yea, 2 nay, passed
Subjects: Crimes, Penalty, Sex Offenses
Common questions
- What is HB1031?
- HB1031 is a bill in the South Dakota Legislature (101st Legislature (2026)): revise and repeal provisions related to rape offenses and to increase the penalty therefor.
- What does HB1031 do?
- In its own words: An Act to revise and repeal provisions related to rape offenses and to increase the penalty therefor.
- What is the status of HB1031?
- Failed as of February 11, 2026. Latest action: Deferred to the 41st legislative day (February 11, 2026).
- Who sponsored HB1031?
- Travis Ismay (R, HD-028), with 11 co-sponsors.
- Where is the official record for HB1031?
- On the South Dakota Legislature website: https://sdlegislature.gov/Session/Bill/26831
Source: official South Dakota record. Tracked by Delilah, AI for legislation across all 50 states and Congress.