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STATE v. HINGER

No. 20783.

600 N.W.2d 542 (1999)

1999 SD 91

STATE of South Dakota, Plaintiff and Appellee, v. Timothy Eldon HINGER, Defendant and Appellant.

Supreme Court of South Dakota.

Decided July 21, 1999.

Attorney(s) appearing for the Case

Mark Barnett, Atty. Gen., Grant Gormley, Asst. Atty. Gen., Pierre, for plaintiff and appellee.

Donna L. Bucher of Tinan, Smith & Bucher, Mitchell, for defendant and appellant.

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...

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