If an adult engages in sexual contact with someone at least 16 years old without consent due to incapacity, what is their offense classification?

The correct classification of the offense is a Class 4 Felony when an adult engages in sexual contact with someone who is at least 16 years old but without consent due to incapacity. In South Dakota, the legal definition of incapacity includes various circumstances such as being under the influence of drugs or alcohol, being unconscious, or having a mental incapacity that prevents the person from consenting.

This classification reflects the seriousness of the offense because engaging in sexual contact without consent is a significant violation of personal autonomy and can have profound psychological impacts on the victim. The law recognizes these actions as not merely minor offenses but as serious crimes deserving of a felony classification.

In contrast, the other classifications listed, such as a Class 3 Felony, Class 1 Misdemeanor, and Class 6 Felony, do not align with the established framework for offenses involving non-consensual sexual contact and do not accurately reflect the legal consequences for engaging in such acts with someone deemed incapacitated.