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South Dakota imposes strict liability on those who have sexual contact or sexual penetration with individuals 16 years old, or under. Specifically, South Dakota does not allow the jury to determine if the defendant was reasonable in his mistake of the victim's age. If the offending party is less than 3 years older than the victim, it is a misdemeanor charge, if more than 3 years, it is a felony charge. The level of felony is dictated by the age of the victim and the manner in which the offense was committed. The credibility of the witnesses is paramount in defending these types of cases. Scott gained an acquittal for a client charged with 3 counts of sexual contact, after jury deliberations of nearly 12 hours.