22-22-1.5. Definitions.Terms used in this chapter mean:(1)'Consent,' a person's positive cooperation in act or attitude pursuant to the person's exercise of free will;(2)'Force,' the use of physical effort sufficient to overcome, restrain, injure, or prevent escape;(3)'Mental incapacity,' a mental or developmental disease or disability that renders a person incapable of appraising the nature of the person's conduct; and(4)'Physical incapacity,' a person's incapability of resisting because the person is unconscious, asleep, or is subject to another physical condition that prevents the person from giving consent or resisting. Source: SL 2023, ch 71, §1.
South Dakota Legal Code