Title 26 — MINORS
27 chapters · 560 sections in this title.
SDCL § 26-10-28 "Child" defined
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For the purposes of §§ 26-10-25 to 26-10-29 , inclusive, a child is any person under the age of eighteen years. Source: SL 1991, ch 219 , § 4.
SDCL § 26-10-29 "Childhood sexual abuse" defined
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As used in §§ 26-10-25 to 26-10-29 , inclusive, childhood sexual abuse is any act committed by the defendant against the complainant who was less than eighteen years of age at the time of the act and which act would have been a violation of chapter 22-22 or prior laws of similar …
SDCL § 26-10-3 SDCL 26-10-3
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Repealed by SL 1971, ch 211 , § 121 26-10-4
SDCL § 26-10-30 Permitting physical or sexual abuse of child as felony--Affirmative defense
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It is a Class 6 felony for any parent, guardian, or custodian to knowingly permit physical or sexual abuse of a child. It is an affirmative defense, to be proven by clear and convincing evidence, to prosecution under this section if, at the time of the offense, there was a reason…
SDCL § 26-10-31 Causing child to be present where methamphetamines used, distributed, or manufactured as misdemeanor
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It is a Class 1 misdemeanor for any person to knowingly cause a child to be present where any person is using, distributing, or manufacturing methamphetamines. Source: SL 2006, ch 146 , § 2.
SDCL § 26-10-32 Branding of a minor prohibited--Violation as misdemeanor or felony
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No person may brand a minor. For the purposes of this section, the term, brand, means to make a permanent mark on a person's skin through the use of heat, cold, or a chemical compound, or to cut, tear, or abrade the skin for the purpose of creating a permanent mark or design. It …
SDCL § 26-10-33 Juvenile sexting prohibited--Violation as misdemeanor
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No minor, as defined in subdivision 26-7A-1 (21), may intentionally create, produce, distribute, present, transmit, post, exchange, disseminate, or possess, through any computer or digital media, any photograph or digitized image or any visual depiction of a minor in any conditio…
SDCL § 26-10-34 Defenses to juvenile sexting
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It is an affirmative defense to the offense of juvenile sexting that the minor has not solicited the visual depiction, that the minor does not subsequently distribute, present, transmit, post, print, disseminate, or exchange the visual depiction, and that the minor deletes or des…
SDCL § 26-10-35 Depiction of person charged not a defense to juvenile sexting
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It is not a defense to the offense of juvenile sexting that the visual depiction is of the person charged. Source: SL 2012, ch 148 , § 3.
SDCL § 26-10-4 SDCL 26-10-4
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Repealed by SL 1977, ch 189 , § 126 26-10-5
SDCL § 26-10-5 SDCL 26-10-5
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Superseded 26-10-6
SDCL § 26-10-6 SDCL 26-10-6
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Repealed by SL 1977, ch 189 , § 126 26-10-7
SDCL § 26-10-7 SDCL 26-10-7
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Repealed by SL 1974, ch 243 , § 1 26-10-8
SDCL § 26-10-8 SDCL 26-10-8
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Repealed by SL 1979, ch 173 26-10-9
SDCL § 26-10-9 Repealed by SL 1994, ch 172 , § 3 26-10-10 26-10-10 to 26-10-12.2
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Transferred to §§ 26-8A-3 to 26-8A-10 26-10-12.3
SDCL § 26-11-1 Proceedings on offense for which child not subject to delinquency proceedings--Prosecution as adult--Detention in adult jail or lockup
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If any child under the age of eighteen years is arrested, with or without a warrant, for a violation of any law or municipal ordinance for which the child is not subject to proceedings as a child in need of supervision as defined in § 26-8B-2 or a delinquent child as defined in 2…
SDCL § 26-11-1.1 Strip - search for curfew violation prohibited
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No person under the age of eighteen detained solely for a curfew violation may be strip - searched. Source: SL 2000, ch 125 , § 1.
SDCL § 26-11-2 Child arrested for other offenses taken before circuit court--Transfer by magistrate to circuit court--Disposition as if on delinquency petition
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If the arrest is for an offense for which the child is subject to proceedings as a delinquent child as defined in § 26-8C-2 , the child shall be taken directly before the circuit court. If the child is taken before a magistrate upon a complaint sworn out in that court or for any …
SDCL § 26-11-3 Circuit court direction to hold child in custody until felony charge filed
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When necessary, in cases where a delinquency charge against a child would otherwise constitute a felony, the circuit court may direct that such child be kept in proper custody until an information or complaint may be filed against him as in other cases under the criminal laws of …
SDCL § 26-11-3.1 Request for transfer hearing by delinquent child charged with felony
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Any delinquent child sixteen years of age or older against whom Class A, Class B, Class C, Class 1, or Class 2 felony charges have been filed shall be tried in circuit court as an adult. However, the child may request a transfer hearing which shall be conducted pursuant to § 26-1…
SDCL § 26-11-4 Criminal proceedings against child charged with a felony permitted by circuit court--Transfer hearing--Factors considered--Order holding child--Retention of jurisdiction by court
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Except as provided in § 26-11-3.1 , the circuit court may, in any case of a delinquent child against whom criminal felony charges have been filed, after transfer hearing, permit such child to be proceeded against in accordance with the laws that may be in force in this state gove…
SDCL § 26-11-5.1 Provision for notice to school officials and parent or guardian by law enforcement agency where student suspected of violating state drug or alcohol laws or of threatening violence
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Notwithstanding any other provision of law, a law enforcement agency may provide notice of an incident within its jurisdiction to public or nonpublic school officials and to the parent or guardian of a school student if the incident is one in which the agency has probable cause t…
SDCL § 26-11-5.2 Provision for notice to school officials by judicial system where student convicted of certain crimes
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Within ten days after disposition of any judicial proceeding in which a juvenile is adjudicated or convicted of committing, attempting to commit, or conspiring to commit murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first or second degree, arson, …
SDCL § 26-11-5.3 Disclosure of student's adjudication or conviction governed by federal law--Conditions
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The information disclosed pursuant to § 26-11-5.2 is governed by the federal Family Educational Rights and Privacy Act (FERPA) as implemented in 34 CFR part 99, as effective on January 1, 2001. The Unified Judicial System shall disclose the information to the chief administrator …
SDCL § 26-11A-1 Establishment, maintenance, and operation of juvenile correctional facilities and programs
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The Department of Corrections shall establish, maintain, and operate such correctional facilities and programs as it determines appropriate to provide appropriate custody and care of juveniles committed to the department pursuant to chapters 26-7A , 26-8B , and 26-8C . Source: SL…
SDCL 26-11A-1.1
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Repealed by SL 2004, ch 168 , § 72 26-11A-1.2
SDCL § 26-11A-1.2 SDCL 26-11A-1.2
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Repealed by SL 2002, ch 132 , § 1 26-11A-1.3
SDCL § 26-11A-1.3 Repealed by SL 2004, ch 168 , § 73 26-11A-1.4 Department authorized to lease former state property--Disposition of revenue
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26-11A-2 Acceptance and expenditure of funds--Approval. 26-11A-3 Liability for medical and related services cost for committed juvenile--Securing payment on failure of responsible party to pay. 26-11A-4 Prohibition against court's commitment of juvenile to specific department fac…
SDCL § 26-11A-1.4 Department authorized to lease former state property--Disposition of revenue
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The Department of Corrections is authorized, pursuant to § 5-2-2.4 , to lease the former state training school real and personal property. Any revenue derived from any lease of the former state training school personal property shall be deposited in the state general fund. Any re…
SDCL § 26-11A-10 Placement contracts regarding juveniles and other states--Transfer of custody--Effect on juvenile's legal rights
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The Department of Corrections may contract and place juveniles with appropriate agencies or departments of other states. Juveniles under the jurisdiction of the Department of Corrections who are in the custody of an agency or department of another state may be removed therefrom f…
SDCL § 26-11A-11 Custodian of person of juvenile
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The secretary of corrections, as guardian of all juveniles committed to the department, may appoint the person in charge of the public or private facility or program, in which the juvenile is placed, as custodian of the person of the child. Source: SL 1996, ch 172 , § 61.
Aftercare supervision program for juveniles conditionally released--Foster care--Terms, conditions, and duration of aftercare given in writing
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The Department of Corrections may establish an aftercare supervision program to supervise juveniles in the community if they have been conditionally released from a department facility or program, the Human Services Center, detention, shelter, or a group home, group care center, …
SDCL § 26-11A-13 Failure to comply with terms and conditions of aftercare--Duration of temporary detention or shelter--Violations
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A juvenile placed on aftercare supervision may be taken into temporary detention or shelter by an authorized employee of the Department of Corrections or a law enforcement officer if the juvenile has failed to comply with the terms and conditions of aftercare or if the purposes a…
Temporary detention or shelter hearing--Timing--Orders of hearing officer--Holding of juvenile pending hearing
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A temporary detention or shelter hearing may be conducted by an independent hearing officer to determine if probable cause exists that the juvenile has failed to comply with the terms and conditions of aftercare supervision or that the purposes and objects of aftercare supervisio…
SDCL § 26-11A-15 Aftercare revocation--Hearing--Notice--Written statement of allegations--Witnesses and evidence--Representation
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If the independent hearing officer finds probable cause that the terms and conditions of aftercare have been violated by committing an act subject to transfer proceedings pursuant to § 26-11-3.1 , a crime of violence pursuant to subdivision 22-1-2(9), sex offense pursuant to § 22…
SDCL § 26-11A-16 Finding of violation or frustration of purpose--Continuance of aftercare
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If the member of the Board of Pardons and Paroles is satisfied that the terms and conditions of aftercare have been violated or that the purposes and objects of aftercare are not being served: (1) The juvenile's aftercare supervision may be revoked and the juvenile may be placed …
SDCL § 26-11A-17 Release of juvenile for continuance of aftercare
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The Department of Corrections may at any time release a juvenile held in temporary detention or shelter pursuant to §§ 26-11A-13 and 26-11A-14 or a juvenile returned to a Department of Corrections juvenile facility pursuant to § 26-11A-16 to continue aftercare supervision. Source…
SDCL § 26-11A-18 Form of hearings
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Hearings held pursuant to §§ 26-11A-14 to 26-11A-16 , inclusive, may be held telephonically or by teleconference. Evidence may be transmitted via facsimile or other electronic document transfer. Source: SL 1996, ch 172 , § 68.
SDCL § 26-11A-19 Reimbursement of expenses--Procedure
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The state shall reimburse the county of this state for expenses the county incurs for the detention of a juvenile pursuant to §§ 26-11A-13 and
SDCL § 26-11A-2 Acceptance and expenditure of funds--Approval
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The Department of Corrections may accept and expend for the purpose of § 26-11A-1 , any funds which it may obtain from federal sources, gifts, contributions, or any other source, provided such acceptance and expenditure is approved in accordance with chapter 4-8B . Source: SL 199…
SDCL § 26-11A-20 Grounds for discharge of juvenile--Department's jurisdiction ends at age twenty-one
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The secretary of corrections may discharge a juvenile from the Department of Corrections upon the following: (1) As a reward for good conduct and upon satisfactory evidence of reformation; (2) As a result of a conviction for a new crime as an adult, if the juvenile is placed on a…
SDCL § 26-11A-20.1 Risk and needs evaluation required for juvenile who is not discharged by age nineteen
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A risk and needs evaluation shall be conducted for any juvenile under the jurisdiction of the department who reaches the age of nineteen years who has not been discharged pursuant to §
SDCL § 26-11A-21 Restoration of juvenile to custody of parent or guardian--Appointment of new guardian
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Upon discharge of a juvenile from the Department of Corrections, the child shall be restored to the custody of either or both of the juvenile's parents or restored to the guardian at the time of disposition. The Department of Corrections may, upon a proper showing, apply to the c…
SDCL § 26-11A-22 Committing court to receive notice of intent to discharge juvenile--State's attorney to notify any involved victim
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Fifteen days before conditionally releasing a juvenile to an aftercare supervision program or discharging a juvenile from the Department of Corrections, the secretary of corrections shall send notice of intent to conditionally release or discharge the juvenile to the committing c…
SDCL § 26-11A-23 Use of restraints prohibited--Exceptions--"Restraints" defined
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No agent or employee of the Department of Corrections may use or employ restraints upon a juvenile committed to the Department of Corrections except: (1) To prevent imminent bodily harm; (2) As a precaution against escape or to prevent an escape; (3) To prevent imminent property …
SDCL § 26-11A-24 Definition of terms
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Terms used in this chapter mean: (1) "Abuse," any act or failure to act by an employee of a juvenile corrections facility or by a contract person or entity providing services to a juvenile corrections facility, which act was performed or was failed to be performed, knowingly, rec…
SDCL § 26-11A-25 Monitor within juvenile corrections system--Primary duty
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The Governor may designate a person or entity to serve as the monitor and whose primary responsibility is to protect the rights of persons in the custody or care of juvenile corrections facilities. The person or entity shall be independent of the Department of Corrections and sha…
SDCL § 26-11A-26 Allegations of abuse within juvenile corrections facilities to be reported to monitor
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Any allegation of abuse and neglect of individuals within the juvenile corrections facilities received by the Office of the Governor, the Department of Corrections, or other agencies of the executive branch shall be promptly reported in writing to the monitor. Source: SL 2000, ch…
SDCL § 26-11A-27 Powers and duties of monitor
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The monitor created in § 26-11A-25 shall: (1) Investigate incidents of abuse or neglect of such individuals within the juvenile corrections facilities, if the incidents are reported to the monitor or if there is reasonable suspicion to believe that the incidents occurred; (2) Acc…
SDCL § 26-11A-27.1 Certification that report of activities of monitor does not disclose juvenile's or other person's identity
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Prior to the release of the semi-annual report of the monitor as provided for in subdivision 26-11A-27(4), the attorney general shall certify that that report does not disclose the identity of any juvenile or other person in violation of the provisions of § 26-11A-30 or