Title 22 — CRIMES
62 chapters · 771 sections in this title.
Definition of terms
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Terms used in this chapter mean: (1) "Adult with a disability," a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that th…
SDCL § 22-46-1.1 Neglect--Exclusions from definition
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For the purposes of this chapter, the term, neglect, does not include a decision that is made to not seek medical care for an elder or disabled adult upon the expressed desire of the elder or disabled adult; a decision to not seek medical care for an elder or disabled adult based…
SDCL § 22-46-10 Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--Violation as misdemeanor
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Any staff member of a nursing facility, assisted living facility, adult day care center, or community support provider, or any residential care giver, individual providing homemaker services, victim advocate, or hospital personnel engaged in the admission, examination, care, or t…
SDCL § 22-46-11 Voluntary reporting of abuse, neglect, or exploitation
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Any person who knows or has reason to suspect that an elder or adult with a disability has been abused, neglected, or exploited as defined in §§ 22-46-1 to 22-46-3 , inclusive, may report that information, regardless of whether that person is one of the mandatory reporters listed…
SDCL § 22-46-12 Information provided by report of abuse, neglect, or exploitation
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The person making a report as required by § 22-46-9 and as permitted by § 22-46-11 shall provide, or a proper agency receiving the report shall acquire, to the extent possible, the following information: (1) The name, age, physical address, and contact information of the elder or…
SDCL § 22-46-13 Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees
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A court may find that an elder or adult with a disability has been exploited as defined in § 22-46-1 or
SDCL § 22-46-14 Additional penalties against perpetrator for exploitation
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In addition to the damages prescribed in § 22-46-13 , the court may impose the following penalties: (1) Revoke, in whole or in part, any revocable: (a) Provision by the elder or adult with a disability that is contained in a governing instrument that confers a general or nongener…
SDCL § 22-46-15 Third party property interest acquired for value and in good faith unaffected by severance of perpetrator's property interest
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A severance pursuant to subdivision 22-46-14(2) does not affect any third party interest in property that was acquired for value and in good faith reliance on apparent title by survivorship in the perpetrator unless a writing declaring the severance has been noted, registered, fi…
SDCL § 22-46-16 Effect of revocation of provision of instrument
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If the court imposes a revocation pursuant to subdivision 22-46-14(1), provisions of the governing instrument shall be given effect as if the perpetrator disclaimed all provisions revoked by the court or, in the case of a revocation of a nomination in a fiduciary or representativ…
SDCL § 22-46-17 Additional remedies for violation
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The court may authorize remedies provided in § 21-65-12 for violations under § 22-46-3 or
SDCL § 22-46-18 Remedies cumulative with other legal and administrative remedies
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The remedies provided in §§ 22-46-13 to 22-46-17 , inclusive, are in addition to and cumulative with other legal and administrative remedies available to an elder or adult with a disability. Source: SL 2016, ch 120 , § 33.
SDCL § 22-46-2 Abuse or neglect of elder or adult with a disability--Felony or misdemeanor
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Any person who physically abuses or neglects an elder or adult with a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony. Any person who emotionally or psychologically abuses an elder or adult with a disability is guilty of a Class 1…
SDCL § 22-46-3 If a court finds exploitation occurred, the elder or adult with a disability has a cause of action against the perpetrator and may recover actual and punitive damages for the exploitation
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The action may be brought by the elder or adult with a disability, or that person's guardian, conservator, by a person or organization acting on behalf of the elder or adult with a disability with the consent of that person or that person's guardian or conservator, or by the pers…
SDCL § 22-46-5 Investigation of report of abuse, neglect or exploitation
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The person or agency that receives, pursuant to § 22-46-7 , a report of abuse, neglect, or exploitation of an elder or adult with a disability shall also forward the report to the Office of the Attorney General, if the person or agency determines that reasonable suspicion exists …
SDCL § 22-46-7 Report of abuse, neglect, or exploitation
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A report of abuse, neglect, or exploitation under this chapter may be made orally or in writing to the state's attorney of the county in which the elder or disabled adult resides or is present, to the Department of Human Services, or to the law enforcement officer. The state's at…
SDCL § 22-46-8 Immunity from liability for reporting abuse, neglect, or exploitation
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Any person who, in good faith, makes a report of abuse, neglect, or exploitation of any elder or disabled adult, is immune from any civil or criminal liability that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial pro…
SDCL § 22-46-9 Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor
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Any: (1) Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical technician, social worker, or any health care professional; (2) Psychologist, licensed mental…