PEOPLE EX REL. J.L.

No. 25693.

800 N.W.2d 720 (2011)

2011 S.D. 36

The PEOPLE of the State of South Dakota, in the Interest of J.L., a minor child and concerning K.S., Respondent Mother.

Supreme Court of South Dakota.

Decided July 6, 2011.


Attorney(s) appearing for the Case

Marty J. Jackley , Attorney General, Frank Geaghan , Assistant Attorney General, Pierre, South Dakota, Attorneys for plaintiff and appellee, State of South Dakota.

Amber Eggert , Minnehaha County Public Defender's Office, Sioux Falls, South Dakota, Attorneys for appellant, J.L.


ZINTER, Justice.

[¶ 1.] J.L. was adjudicated a delinquent child for an act that, had he been an adult, would have constituted a violation of SDCL 22-22-1(1), statutory rape. The act occurred when J.L., who was fourteen, engaged in consensual sexual intercourse with his girlfriend (Girlfriend), who was twelve. J.L. argues that the application of the first-degree rape statute to these facts creates an absurd result the Legislature did not intend. Because we conclude...

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