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State v. Jones

South Dakota Supreme Court
804 N.W.2d 409 (2011)


E.B. went to sleep on a friend’s couch after consuming at least a dozen alcoholic beverages throughout the evening. E.B. was awakened when Christopher Jones (defendant) began sexually assaulting her. E.B. physically and verbally resisted, and Jones stopped. After falling back asleep, E.B. again awoke with her clothes pulled down and Jones penetrating her. E.B. yelled at Jones until he stopped, got dressed, and hid in the bathroom until Jones left. Jones was charged with third-degree rape. The third-degree rape statute criminalized sexual intercourse if the victim was unable to give consent due to intoxication, but did not contain any mental-state requirement. Jones’s counsel requested that the trial judge give the jury an instruction that the defendant had to have known that the victim was incapable of giving consent due to intoxication, but the judge refused. Jones was convicted. Jones appealed, alleging that the court erred by not instructing the jury on a mental state requirement.

Rule of Law


Holding and Reasoning (Konenkamp, J.)

Dissent (Zinter, J.)

Dissent (Gilbertson, C.J.)

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