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:
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.