No, incestuous relationships, including dating between siblings, are criminalized under South Dakota Codified Laws § 22-22-17, punishable as a Class 6 felony. The statute explicitly prohibits sexual relations between siblings, with no exceptions for consensual adult relationships. Local law enforcement agencies, including the South Dakota Division of Criminal Investigation, actively enforce these provisions, particularly in rural jurisdictions where familial oversight is heightened. Recent 2026 legislative proposals to decriminalize consensual adult incest have stalled in the State Senate Judiciary Committee, leaving the ban intact.
Key Regulations for Dating Siblings in South Dakota
- Criminal Prohibition: SDCL § 22-22-17 criminalizes “sexual intercourse” between siblings, defining it as a felony with potential imprisonment up to 2 years and fines up to $4,000. The statute does not distinguish between consensual or non-consensual acts, treating all sibling relationships uniformly.
- No Common-Law Exceptions: South Dakota courts, including the Fourth Judicial Circuit, have consistently upheld the statute’s constitutionality, rejecting arguments based on privacy rights (see State v. Flying Eagle, 2019 SD 45). No common-law defenses or “Romeo and Juliet” provisions exist for close-in-age siblings.
- Enforcement Priorities: The South Dakota Attorney General’s Office prioritizes cases involving minors or coercive dynamics, but adult sibling relationships remain prosecutable under state law. Local sheriff’s departments may investigate reports from family members or third parties, particularly in tribal jurisdictions where cultural sensitivities intersect with legal mandates.