Title 22, CRIMES

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.

A person is guilty of simple assault, a Class 1 misdemeanor, if the person: (1) Attempts to cause bodily injury to another and has the actual ability to cause the injury; (2) Recklessly causes bodily injury to another; (3) Negligently causes bodily injury to another with a danger…

Simple assault, as provided in § 22-18-1 , if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occur…

No person may: (1) Cause or attempt to cause serious bodily injury to another under circumstances manifesting extreme indifference to the value of human life; (2) Attempt to cause, or knowingly cause, bodily injury to another with a dangerous weapon; (3) Assault another with inte…

Any person who assaults a pregnant woman and inflicts bodily injury on an unborn child who is subsequently born alive is guilty of criminal battery of an unborn child. Criminal battery of an unborn child is a Class 1 misdemeanor. For the purposes of this section, the term, bodily…

Any person who assaults a pregnant woman and inflicts serious bodily injury on an unborn child who is subsequently born alive is guilty of aggravated criminal battery of an unborn child. Aggravated criminal battery of an unborn child is a Class 3 felony. Source: SL 1995, ch 122 ,…

Any person who intentionally or recklessly causes serious bodily injury to an infant, less than three years old, by causing any intracranial or intraocular bleeding, or swelling of or damage to the brain, whether caused by blows, shaking, or causing the infant's head to impact wi…

Any person, who assaults another with the intent to cause serious permanent disfigurement and causes serious permanent disfigurement, is guilty of a Class 2 felony. Assault with intent to cause serious permanent disfigurement as set forth in this section may be charged in the alt…

To use or attempt to use or offer to use force or violence upon or toward the person of another is not unlawful if necessarily committed by a public officer in the performance of any legal duty or by any other person assisting the public officer or acting by the public officer's …

Any convicted person or any incarcerated person under the jurisdiction of the Department of Corrections who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a Department of Correc…

Any person who, with the intent to assault, throws, smears, spits, or causes human blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with any other person, is guilty of a Class 1 misdemeanor. Source: SL 2002, ch 107 , § 1; SL 2003, ch 124 , §…

Any person under probationary supervision of the Unified Judicial System who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a Unified Judicial System employee during the perform…

Any adult confined in a county or municipal jail who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a county or municipal jail employee, or visitor, or other person authorized b…

Any juvenile confined in a juvenile detention facility or a juvenile corrections facility established and maintained in accordance with § 26-11A-1 who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to …

To use or attempt to use or offer to use force or violence upon or toward the person of another is not unlawful if necessarily committed by any person in arresting someone who has committed any felony or in delivering that person to a public officer competent to receive him or he…

Terms used in §§ 22-18-4 to 22-18-4 .9, inclusive, mean: (1) "Deadly force," force that is likely to cause death or great bodily harm; (2) "Dwelling," a building or structure of any kind, whether temporary or permanent, that is designed to be occupied by people lodging therein at…

Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would constitute a violation of simple assault under § 22-18-1 , aggravated assault under § 22-18-1 .1, assault under § 22-18-26 , intentional contact with bodily fluids under…

Any person who, knowing himself or herself to be infected with HIV, intentionally exposes another person to infection by: (1) Engaging in sexual intercourse or other intimate physical contact with another person; (2) Transferring, donating, or providing blood, tissue, semen, orga…

Terms used in §§ 22-18-31 to 22-18-34 , inclusive, mean: (1) "HIV," the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome; (2) "Intimate physical contact," bodily contact which exposes a person to the body fluid of the infe…

It is an affirmative defense to prosecution pursuant to § 22-18-31 , if it is proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance c…

Nothing in §§ 22-18-31 to 22-18-34 , inclusive, may be construed to require the actual transmission of HIV in order for a person to have committed the offense of criminal exposure to HIV. Source: SL 2000, ch 99 , § 4.

Any person who intentionally causes serious public inconvenience, annoyance, or alarm to any other person, or creates a risk thereof by: (1) Engaging in fighting or in violent or threatening behavior; (2) Making unreasonable noise; (3) Disturbing any lawful assembly or meeting of…

Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by § 32-23-1 , without design to effect serious bodily injury, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes the serious bod…

It is a Class 4 felony for any person: (1) To knowingly circumcise, excise, mutilate, or infibulate, in whole or in part, the labia majora, labia minora, or clitoris of a female under the age of eighteen years; (2) Who is a parent, guardian, or has immediate custody or control of…

It is not a defense to the provisions of § 22-18-37 that the conduct described is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom the conduct is performed, or the parent or guardian of the individual consented to the procedur…

A surgical procedure is not a violation of § 22-18-37 if the procedure is: (1) Necessary to the health of the individual on whom it is performed and the procedure is performed by a licensed medical practitioner in a licensed medical facility; or (2) Performed on an individual in …

A person is justified in using or threatening to use force, other than deadly force, against another if the person reasonably believes that using or threatening to use force is necessary to defend against the other's imminent use of unlawful force. A person who uses or threatens …

A person is justified in using or threatening to use deadly force if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of …

A person who is in a dwelling or residence, in which the person has a right to be: (1) Has no duty to retreat; (2) Has the right to stand his or her ground; and (3) Has the right to use or threaten to use: (a) Force against another, if the person reasonably believes that using or…

For purposes of § 22-18-4.2 , a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm if: …

The presumption set forth in § 22-18-4.3 does not apply if: (1) The person against whom the defensive force is used or threatened: (a) Has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, including as an owner, lessee, or titleholder; and (b) Is …

A person who unlawfully enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence. Source: SL 2021, ch 93 , § 7.

A person is justified in using or threatening to use force, other than deadly force, against another if and to the extent the person reasonably believes that using or threatening to use force is necessary to prevent or terminate another's trespass on, or criminal interference wit…

A person is justified in using or threatening to use deadly force only if the person reasonably believes that the use of deadly force is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this s…

A person who uses or threatens to use force, as permitted in §§ 22-18-4 to 22-18-4 .7, inclusive, is justified in such conduct and is immune from criminal prosecution and from civil liability for the use or threatened use of such force brought by the person against whom force was…

Any justification for the use or the threatened use of either force or deadly force is not available to a person who: (1) Is attempting to commit, committing, or escaping after the commission of a forcible felony; or (2) Initially provokes the use or threatened use of force again…

Unless otherwise directed by law enforcement or other emergency personnel or to seek assistance for an emergency or inoperable vehicle, no person may stand upon the paved or improved or main-traveled portion of any highway with intent to impede or stop the flow of traffic. A viol…

Anyone who intentionally directs light from a laser pointer at the body of a law enforcement officer is guilty of a Class 1 misdemeanor. For purposes of this section, a laser pointer is a device that emits light amplified by the stimulated emission of radiation that is visible to…

Any person who, while under the influence of alcohol, drugs, or substances, in a manner and to a degree prohibited by § 42-8-45 , without design to effect serious bodily injury, operates a boat, as defined by § 42-8-2 , in a negligent manner and thereby causes the serious bodily …

To use or attempt to use or offer to use force upon or toward the person of another is not unlawful if committed by a parent or the authorized agent of any parent, or by any guardian, teacher, or other school official, in the exercise of a lawful authority to restrain or correct …

A carrier of passengers or the authorized agent or servant of such carrier or any person assisting such person at his or her request, may use or attempt to use or offer to use force to expel any passenger who refuses to obey a lawful and reasonable regulation prescribed for the c…

Any person who, either unlawfully removes another person from the other's place of residence or employment, or who unlawfully removes another person a substantial distance from the vicinity where the other was at the commencement of the removal, or who unlawfully confines another…

Any person who unlawfully holds or retains another person with any of the following purposes: (1) To hold for ransom or reward, or as a shield or hostage; or (2) To facilitate the commission of any felony or flight thereafter; or (3) To inflict bodily injury on or to terrorize th…

Any parent who violates § 22-19-9 and causes the unmarried minor child, taken, enticed, or kept from the child's lawful custodian, to be removed from the state is guilty of a Class 5 felony. Source: SL 1980, ch 174 , § 2; SL 1985, ch 178 , § 2; SL 2005, ch 120 , § 119.

It is a complete defense to a prosecution for a violation of §§ 22-19-9 and 22-19-10 that the person having lawful custody or right of visitation failed to report the offense to law enforcement authorities within ninety days of the offense. Source: SL 1980, ch 174 , § 3.

The state or any other unit of government incurring financial expense for the return of the child may charge that cost against the person extradited if that person is found guilty of a violation of § 22-19-10 . Such expense may be charged against the person filing the charge if t…