Sexual assault is generally forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent. And although precise definitions and punishments vary from state to state, the criminal offense of aggravated sexual assault of a child includes the aggravating circumstance of the victim being a child under a certain age, as defined by the statute—which increases the severity of the crime.

In South Dakota, sexual assault is legally referred to as 'sexual contact' or 'rape.' According to South Dakota Codified Laws (SDCL), sexual contact without consent is a crime, and the severity of the charge can range from misdemeanor to felony, depending on the circumstances, such as the use of force or the victim's capacity to consent. Rape is defined under SDCL 22-22-1 as sexual intercourse or penetration, however slight, with any body part or object, without consent or with a person incapable of giving consent due to age or mental incapacity. Aggravated sexual assault of a child is addressed under SDCL 22-22-1 and 22-22-7, where the law considers the victim's age as an aggravating factor. If the victim is under a certain age, typically under 16, the offense is treated more severely, with harsher penalties including longer prison sentences. The exact age and circumstances that constitute aggravated sexual assault of a child can vary, but the presence of a minor victim generally increases the gravity of the offense in South Dakota.