The criminal offense of sexual assault generally involves forced sexual intercourse, sodomy, or other sexual penetration of another person—against the person’s will and without the person’s consent.

Sexual assault laws vary from state to state, and in some states the traditional criminal offense of rape is defined as the criminal offense of sexual assault. In some states the touching, groping, or pinching of the body of another person without the person’s consent and for purposes of sexual gratification is defined as sexual assault—and in other states such nonconsensual sexual contact is defined as the criminal offense of sexual battery or forcible touching, for example.

Sexual assault and related criminal offenses are generally located in a state’s statutes—often in the penal or criminal code.

In South Dakota, the criminal offense of sexual assault is addressed under the state's penal code, specifically in chapters dealing with sexual offenses. South Dakota law recognizes various degrees of sexual assault, often categorized based on the nature of the act, the use of force or coercion, and the age of the victim. For instance, rape, which may involve forced sexual intercourse, sodomy, or other sexual penetration without consent, is a serious felony offense. The state also distinguishes between sexual contact and sexual penetration, with sexual contact often referring to the touching, groping, or pinching of another person's body without consent for sexual gratification. This can be prosecuted under different statutes and may be referred to as sexual contact without consent. The severity of the charges and the penalties upon conviction can vary widely, from misdemeanor to felony, depending on the specific circumstances of the case, such as the use of force, threats, the victim's capacity to consent, and the ages of the individuals involved.