Title 22 — CRIMES
62 chapters · 771 sections in this title.
SDCL § 22-22A-1 Bigamy--Exceptions--Felony
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Any person who, while married to another presently living person, marries any other person, is guilty of bigamy. The provisions of this section do not apply to: (1) Any person, if that person's husband or wife has been absent for five successive years and is not known to be livin…
SDCL § 22-22A-2 Incest--Prohibited sexual contact--Felony
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Any persons, eighteen years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other: (1) Who are not legally married; and (2) Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared v…
SDCL § 22-22A-3 Aggravated incest--Related child--Felony
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Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either: (1) The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or (2) Related to the perpetrator within degrees of …
SDCL § 22-22A-3.1 Aggravated incest--Foster child--Felony
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Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the…
SDCL § 22-22A-4 Removal of minor from state for adoption prohibited until parents' consent or termination of rights--Violation as felony
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No person other than a legal or putative parent may remove or aid in the removal of any minor from the State of South Dakota for the purpose of adoption until a valid consent to adopt or termination of parental rights has been obtained from all legal and putative parents. A viola…
SDCL § 22-22A-5 Fraudulent assisted reproduction--Definitions
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Terms used in this section and §§ 22-22A-6 to 22-22A-8 , inclusive, mean: (1) "Assisted reproduction procedure," a method of causing pregnancy, other than through sexual intercourse, including in vitro fertilization and transfer of embryos, intracytoplasmic sperm injection, and i…
SDCL § 22-22A-6 Fraudulent assisted reproduction--Criminal action--Penalty--Consent to anonymous donor not a defense--Statute of limitations
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It is a Class 5 felony for a licensed health care provider, in the performance of an assisted reproduction procedure, to: (1) Knowingly cause the use of reproductive material from a donor if the patient did not give written consent to receive the reproductive material from the do…
SDCL § 22-22A-7 Fraudulent assisted reproduction--Civil action--Parties--Separate causes of action--Damages and costs--Attorney’s fees--Relation to criminal action
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The following individuals may bring a civil action against a licensed health care provider for performing an assisted reproduction procedure in violation of § 22-22A-6 : (1) The patient who gives birth to a child as a result of the assisted reproduction procedure; (2) The survivi…
SDCL § 22-22A-8 Fraudulent assisted reproduction--Civil action--Statute of limitations
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Notwithstanding any other provision of law, an individual shall commence a civil action pursuant to § 22-22A-7 no later than five years after: (1) The eighteenth birthday of the child born as a result of the assisted reproduction procedure; or (2) The earliest of the dates on whi…