Title 26 — MINORS
27 chapters · 560 sections in this title.
SDCL § 26-9-1 Contributing to abuse, neglect, or delinquency or causing child to become child in need of supervision as misdemeanor
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Any person who, by any act, causes, encourages, or contributes to the abuse, the neglect, or the delinquency of a child, or any person, other than a parent who, by any act, causes a child to become a child in need of supervision, as such phrases with reference to children are def…
SDCL § 26-9-10 Proceedings under chapter not prevented by similar laws--Duplicate prosecutions considered in mitigation
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Nothing in any laws referred to in § 26-9-9 or similar laws shall be construed to be inconsistent with this chapter or chapters 26-7A , 26-8A , 26-8B , and 26-8C or to prevent proceedings hereunder, but in all cases where there shall be more than one prosecution for the same offe…
SDCL § 26-9-11 Suspension, stay, or postponement of sentence--Release from custody on condition
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The court may suspend sentence, stay, or postpone the enforcement of execution, or release from custody any person found guilty in any such prosecution, upon such conditions as shall be imposed by the court in accordance with the provisions of this chapter. Source: SDC 1939, § 43…
SDCL § 26-9-12 Abused or neglected child left in custody of person under suspended sentence--Conditions of suspension
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The court may permit any child to remain in the custody of the person found guilty of contributing to its abuse or neglect, under such suspended sentence, upon such conditions for the treatment and care of such child as may seem to the court to be for its best welfare, or as may …
SDCL § 26-9-13 Enforcement of sentence after suspension or stay--Commencement of jail term
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If any person has been found guilty of contributory abuse, contributory neglect, or contributory delinquency, and the court has suspended the execution of the sentence during the good behavior and satisfactory conduct of the defendant or upon any other terms and conditions which …
SDCL § 26-9-14 Maximum period of suspension or stay of sentence--Release and discharge on compliance with terms
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No sentence shall be suspended or final judgment or execution stayed, in the case of any person found guilty under § 26-9-1 , to exceed a period of two years. If at any time prior thereto it shall appear to the satisfaction of the court that such person has complied faithfully wi…
SDCL § 26-9-15 Security for child support required after conviction for contributory abuse or contributory neglect--Forfeiture on failure to comply with conditions
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Any person found guilty under this chapter of contributory abuse or contributory neglect may be required to furnish a good and sufficient bond to the state in such penal sum as the court shall determine, not exceeding one thousand dollars, conditioned for the payment of such amou…
SDCL § 26-9-16 Separate suit not required to recover on bond--Order to show cause--Judgment on bond
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As a part of the conditions of any bond mentioned in § 26-9-15 , it shall be understood that it shall not be necessary to bring a separate suit to recover the penalty of any such bond which has become forfeited, but the court may cause a citation or summons to issue to the surety…
SDCL § 26-9-17 Disposition of recovery on bond
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Any money collected or paid upon any execution issued pursuant to § 26-9-16 or in any case upon such bond shall be turned over to the clerk of the court, to be applied first to the payment of all court costs and then to the care or maintenance of the child or children for whose d…
SDCL § 26-9-2 Short terms used to describe offenses
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When any person is prosecuted under § 26-9-1 , and the charge against such person concerns the abuse or neglect of a child, the offense for convenience may be termed contributory abuse or contributory neglect. If it concerns the delinquency of a child, for convenience it may be t…
SDCL § 26-9-3 Original jurisdiction of prosecutions
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Subject to § 16-12B-11 , the circuit court in all counties shall have original jurisdiction of all prosecutions under this chapter. Source: SDC 1939, § 43.0408; SL 1971, ch 151 , § 4; SL 2021, ch 86 , § 3.
SDCL § 26-9-4 Probation officers authorized to file complaints--Assistance by state's attorney--General powers of state's attorney unimpaired
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Probation officers having the powers of peace officers, as well as state's attorneys, shall have the right and be vested with all power necessary to file complaints against any person under § 26-9-1 and to prosecute any such case. In all such cases it shall be the duty of the sta…
SDCL § 26-9-5 Interpretation and construction in prosecutions under chapter
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In prosecutions conducted as provided in this chapter, the rules of interpretation and construction set forth in §§ 26-9-6 to 26-9-10 , inclusive, shall be observed. Source: SDC 1939, § 43.0409.
SDCL § 26-9-6 Actual abuse, neglect, or delinquency not required for conviction
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In order to find any person guilty of violating this chapter, it is not necessary to prove that the child has actually become abused, neglected, or delinquent, provided it appears from the evidence that through any act of abuse, neglect, or omission of duty or by any improper act…
SDCL § 26-9-7 Liberal construction for protection of child
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This chapter and chapters 26-7A , 26-8A , 26-8B , and 26-8C shall be liberally construed in favor of the state for the purposes of the protection of the child from neglect or omission of parental duty toward the child by its parents, as well as to protect the children of the stat…
SDCL § 26-9-8 Criminal proceedings under other laws not prevented
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Nothing in this chapter may be construed to be in conflict with or to repeal or prevent proceedings under any law of this state which may have otherwise defined any specific act of any person as a crime of any character, which act might also constitute contributory abuse, contrib…
SDCL § 26-9-9 Consistency with other laws for support and protection of children
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This chapter shall not be construed to be inconsistent with any law providing for the support by the parent or parents of their minor children, or any law providing for the punishment of cruelty to children or the taking of indecent liberties with or selling liquors, tobacco, or …