Dupree Man Pleads Guilty to Sexual Abuse

United States Attorney Brendan V. Johnson announced that Cody Dean High Elk, age 28, of Dupree, South Dakota, appeared before United States District Judge Roberto A. Lange on August 14, 2012, and pled guilty to an indictment that charged him with Sexual Abuse of a Person Incapable of Consenting. The maximum penalty upon conviction is 20 years in custody, a $250,000 fine, or both.

The conviction arose from a September 2002 incident in Dupree, South Dakota, when the Defendant sexually assaulted the victim at a time when the victim was incapable of appraising the nature of the sexual conduct and incapable of communicating the victim’s unwillingness to engage in the sexual act.

The Federal Bureau of Investigation and Cheyenne River Sioux Tribal Law Enforcement Services conducted the investigation.  The case is being prosecuted by Assistant United States Attorney Mikal Hanson.

A presentence investigation was ordered, and a sentencing date was set for November 13, 2012. The defendant was released on bond pending sentencing.