Title 26, MINORS
27 chapters · 514 sections in this title.
SDCL § 26-10-1 Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action
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Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner which does not constitute aggravated assault, is guilty of a Class 4 felony. If the victim is less than seven years of age, the person is guilty of a Class 3 felony. The use of reasonable …
SDCL § 26-10-19 Tattooing minor without parental consent as misdemeanor
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No minor may be tattooed unless the minor's parents have signed a consent form authorizing the tattoo. Any person who tattoos a minor without parental consent is guilty of a Class 2 misdemeanor. The term "tattoo" means to make permanent marks or designs on the skin by puncturing …
SDCL § 26-10-2.1 Professional boxing by minors prohibited
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No person under the age of eighteen years shall box professionally in the State of South Dakota. Source: SL 1978, ch 301 , § 2.
SDCL § 26-10-25 Time for commencing civil action for damages resulting from childhood sexual abuse
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Any civil action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within three years of the act alleged to have caused the injury or condition, or three years of the time the vi…
SDCL § 26-10-26 Date of discovery in child sexual abuse action
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The victim need not establish which act in a series of continuing sexual abuse or exploitation incidents caused the injury complained of, but may compute the date of discovery from the date of discovery of the last act by the same perpetrator which is part of a common course of c…
SDCL § 26-10-27 Knowledge of parent or guardian
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The knowledge of a custodial parent or guardian may not be imputed to a person under the age of eighteen years for the purposes of §§ 26-10-25 to 26-10-29 , inclusive. Source: SL 1991, ch 219 , § 3.
SDCL § 26-10-28 "Child" defined
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For the purposes of §§ 26-10-25 to 26-10-29 , inclusive, a child is any person under the age of eighteen years. Source: SL 1991, ch 219 , § 4.
SDCL § 26-10-29 "Childhood sexual abuse" defined
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As used in §§ 26-10-25 to 26-10-29 , inclusive, childhood sexual abuse is any act committed by the defendant against the complainant who was less than eighteen years of age at the time of the act and which act would have been a violation of chapter 22-22 or prior laws of similar …
SDCL § 26-10-30 Permitting physical or sexual abuse of child as felony--Affirmative defense
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It is a Class 6 felony for any parent, guardian, or custodian to knowingly permit physical or sexual abuse of a child. It is an affirmative defense, to be proven by clear and convincing evidence, to prosecution under this section if, at the time of the offense, there was a reason…
SDCL § 26-10-31 Causing child to be present where methamphetamines used, distributed, or manufactured as misdemeanor
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It is a Class 1 misdemeanor for any person to knowingly cause a child to be present where any person is using, distributing, or manufacturing methamphetamines. Source: SL 2006, ch 146 , § 2.
SDCL § 26-10-32 Branding of a minor prohibited--Violation as misdemeanor or felony
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No person may brand a minor. For the purposes of this section, the term, brand, means to make a permanent mark on a person's skin through the use of heat, cold, or a chemical compound, or to cut, tear, or abrade the skin for the purpose of creating a permanent mark or design. It …
SDCL § 26-10-33 Juvenile sexting prohibited--Violation as misdemeanor
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No minor, as defined in subdivision 26-7A-1 (21), may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any conditio…
SDCL § 26-10-34 Defenses to juvenile sexting
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It is an affirmative defense to the offense of juvenile sexting that the minor has not solicited the visual depiction, that the minor does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction, and that the minor deletes or des…
SDCL § 26-10-35 Depiction of person charged not a defense to juvenile sexting
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It is not a defense to the offense of juvenile sexting that the visual depiction is of the person charged. Source: SL 2012, ch 148 , § 3.