Attorney General Jackley Commends South Dakota Supreme Court For Upholding Sexual Contact Conviction

FOR IMMEDIATE RELEASE: Thursday, Nov. 6, 2025

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. - South Dakota Attorney General Marty Jackley commends the South Dakota Supreme Court for unanimously upholding a sexual-contact conviction involving the testimony of a 19-year-old victim with developmental disabilities.

"Testifying in court can be traumatic for people with developmental disabilities, and the circuit court in this case made the accommodations necessary for the witness," said Attorney General Jackley. "I commend the Supreme Court for understanding that while rejecting the defendant's appeal."

Larry Richter of Sioux Falls was found guilty in 2024 by a Minnehaha County Jury of three felony counts of sexual contact with a person incapable of giving consent. The South Dakota Attorney General's Office represented the prosecution in arguments before the Supreme Court.

The defendant was accused of inappropriately touching the victim three different times despite being told to stop each time. The incident happened during a Fourth of July party hosted by the defendant.

During the trial, the victim who was 21-years-old at the time of the trial but who had the intellectual abilities of a seven-year-old, testified before the jury while holding a stuffed animal to help him stay calm. The Supreme Court rejected Richter's argument that the circuit court abused its discretion by allowing the victim to hold the comfort item during his testimony. The Supreme Court reiterated that circuit courts have broad authority over the conduct of trials and witnesses, and in this case, allowing the victim to hold the stuffed animal was a reasonable accommodation as a witness with developmental disabilities.

Justices also rejected Richter's three other arguments, deciding: 1) that the State properly cross-examined Richter; 2) that the State properly directly examined one of its witnesses; and 3) that the Circuit Court properly denied Richter's motion for judgment of acquittal.

Richter was sentenced to 18 years in prison after he was convicted.

The Supreme Court's opinion can be read here: https://ujs.sd.gov/media/pnmem03g/30804.pdf

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