State v. Hinger

MILLER, Chief Justice.

[¶ 1.] Timothy Eldon Hinger (Hinger) was charged with first degree rape, SDCL 22-22-1(1) and sexual contact with a child under the age of sixteen. SDCL 22-22-7. After Hinger pled guilty to first degree rape, the state dismissed the sexual contact charge.

[¶ 2.] Under SDCL 22-22-1(1), first degree rape “is an act of sexual penetration accomplished with any person if the victim is less than ten years of age.” It is a Class 1 felony, SDCL 22-22-1, with a mandatory minimum sentence of ten years for a first offense and twenty years for a subsequent offense. SDCL 22-22-1.2. The…