62 chapters · 771 sections in this title.
SDCL § 22-46-15 Third party property interest acquired for value and in good faith unaffected by severance of perpetrator's property interest
0.5K chars
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
0.4K chars
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
0.1K chars
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
0.2K chars
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
0.4K chars
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
0.7K chars
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
0.8K chars
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
0.5K chars
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
0.8K chars
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
1.4K chars
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…
SDCL § 22-48-1 Definitions
1.3K chars
Terms used in this chapter mean: (1) "Convicted," includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent c…
SDCL § 22-48-2.1 Claim of use of unreasonable force by victim--Hearing to determine reasonable basis for claim
0.4K chars
If the perpetrator claims that the victim used unreasonable force, before any discovery relating to the claim may be commenced and before the claim may be submitted to the trier of fact, the court, after hearing, must find, based on clear and convincing evidence, that there is a …
SDCL § 22-48-3 Proof of assumption of risk
0.4K chars
Notwithstanding other evidence that the victim may adduce relating to the perpetrator's conviction of the crime involving the parties to a claim for relief, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction, or an adjudication as a delinqu…
SDCL § 22-48-4 Court awards
0.2K chars
If the perpetrator does not prevail in a claim for relief that is subject to this section, the court may award reasonable expenses, including attorney's fees and disbursements, to the victim. Source: SL 1998, ch 124 , § 4.
SDCL § 22-48-5 Motion for stay of proceedings
0.3K chars
Except to the extent needed to preserve evidence, any claim for relief in which the defense set forth in this section is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged crime.…
SDCL § 22-49-1 Prohibited conduct generally
2.0K chars
No person may knowingly recruit, entice, harbor, transport, provide, receive, purchase, advertise, maintain, solicit, or obtain, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in a commercial sex act, forced labor, o…
SDCL § 22-49-3 Second degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses
0.8K chars
A person is guilty of human trafficking in the second degree if the person commits human trafficking, as set forth in § 22-49-1 , and the act involves any means of force, threat of force, fraud, coercion, or any combination of means to cause the person to engage in forced labor o…
SDCL § 22-49-4 Hiring person forced to engage in sexual activity--Felony
0.3K chars
It is a Class 6 felony for a person to hire or attempt to hire another person for a fee to engage in sexual activity, as defined in § 22-23-1.1 , if the person knew or should have known the other person was being forced to engage in the activity through human trafficking. Source:…
SDCL § 22-49-5 Torture of a human trafficking victim--Felony
0.4K chars
A person who, with the intent to cause cruel physical or mental pain, inflicts serious bodily injury or serious mental injury upon a human trafficking victim while the victim is the subject of human trafficking is guilty of a Class 1 felony. Proof that the victim suffered pain is…
SDCL § 22-49-6 Definition of terms--Torture
0.6K chars
Terms used in § 22-49-5 mean: (1) "Cruel," brutal, inhuman, sadistic, or that which torments; (2) "Serious mental injury," a condition that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner caused by or resulting from: (…
SDCL § 22-49-7 Obstructing enforcement--Penalty
0.2K chars
Any person who obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of §§ 22-49-1 to 22-49-3 , inclusive, is guilty of a Class 4 felony. Source: SL 2025, ch 99 , § 4.