State v. Ellefson

FOSHEIM, Justice.

A jury found the defendant guilty of the crime of rape stemming from sexual intercourse with a child under the age of fifteen years. He was sentenced to a term of ten years. We affirm the conviction but remand for reconsideration of the sentence.

The defendant questions the constitutionality of the statute (SDCL 22-22-1(4)) under which he was convicted. As it relates to this case, the statute reads:

Rape is an act of sexual penetration accomplished with any person other than the actor’s spouse under any one or more of the following circumstances:(4) Where the victim is less…