Title 22 — CRIMES
62 chapters · 771 sections in this title.
The attorney general may recover attorney fees, costs, and any other award the court determines is appropriate
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Source: SL 2026, ch 100 , § 3. Effective July 1, 2026
SDCL § 22-17-1 Repealed by SL 1977, ch 189 , § 126 22-17-1.1 22-17-1.1 to 22-17-4
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Repealed by SL 1976, ch 158 , § 17-2 22-17-5 Repealed. 22-17-5.1 Procurement of abortion prohibited--Exception to preserve life of pregnant female--Felony. 22-17-5.2 Unlawful abortion--Female not criminally liable. 22-17-6 Intentional killing of human fetus by unauthorized injury…
SDCL § 22-17-13 Unwanted abortion--Threat--Penalty
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A person is guilty of a Class B felony if, with the intent to cause a pregnant mother to undergo an abortion against her will, the person: (1) Threatens to commit, against the pregnant mother or any other person within the pregnant mother's presence: (a) Homicide, murder, or mans…
SDCL § 22-17-13.1 Unwanted abortion--Intent to coerce by threat--Penalty
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A person is guilty of a Class 5 felony if, with the intent to coerce a pregnant mother to undergo an abortion against her will, the person threatens to commit, against the pregnant mother or any other person within the pregnant mother's presence: (1) Homicide, murder, or manslaug…
SDCL § 22-17-14 Coercion to undergo abortion--Penalty
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A person is guilty of a Class 1 misdemeanor if the person: (1) In any manner other than that set forth in § 22-17-13.1 , coerces, compels, or attempts to compel a pregnant woman to undergo an abortion; (2) Requires a pregnant woman to agree to a provision that if she refuses to u…
SDCL § 22-17-5 Repealed
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Source: SL 1977, ch 189 , § 44. Commission Note: This section was repealed by the United States Supreme Court's decision in Dobbs v. Jackson Women's Health Organization , 142 S. Ct. 2228 (2022), pursuant to SL 2005, ch 187 § 5. Section 7 of SL 2005, ch 187 , as amended by SL 2005…
SDCL § 22-17-5.1 Procurement of abortion prohibited--Exception to preserve life of pregnant female--Felony
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Any person who administers to any pregnant female or who prescribes or procures for any pregnant female any medicine, drug, or substance or uses or employs any instrument or other means with intent thereby to procure an abortion, unless there is appropriate and reasonable medical…
SDCL § 22-17-5.2 Unlawful abortion--Female not criminally liable
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A female who undergoes an unlawful abortion, as set forth in § 22-17-5.1 , may not be held criminally liable for the abortion. Source: SL 2023, ch 69 , § 1. Effective July 1, 2026
SDCL § 22-17-5.3 Dispense or advertise abortion-inducing article--Criminal penalty
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No person may knowingly dispense, distribute, sell, or advertise any of the following for purposes of an unlawful abortion pursuant to § 22-17-5.1 : (1) An article or thing designed, adapted, or intended for producing an abortion; or (2) An article, instrument, substance, drug, m…
SDCL § 22-17-5.4 Dispense or advertise abortion-inducing article--Civil penalty--Attorney’s fees and costs
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The attorney general may recover a civil penalty against a person for violating §
SDCL § 22-17-5.5 Dispense or advertise abortion-inducing drug--Injunction--Venue--Attorney’s fees and costs
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If the attorney general has reason to believe that a person is engaging in, has engaged in, or is about to engage in a violation of § 22-17-5.3 , the attorney general may bring an action in the name of the state against the person to restrain the person by temporary or permanent …
SDCL § 22-17-6 Intentional killing of human fetus by unauthorized injury to mother
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Any person who intentionally kills a human fetus by causing an injury to its mother, which is not authorized by chapter 34-23A , is guilty of a Class 4 felony. Source: SL 1977, ch 189 , § 45. 22-17-7 to 22-17-12. Rejected by referendum.