SDCL § 22-22A-6: Fraudulent assisted reproduction--Criminal action--Penalty--Consent to anonymous donor not a defense--Statute of limitations.

It is a Class 5 felony for a licensed health care provider, in the performance of an assisted reproduction procedure, to:

(1) Knowingly cause the use of reproductive material from a donor if the patient did not give written consent to receive the reproductive material from the donor; or

(2) Intentionally cause the use of the licensed health care provider's own reproductive material without the patient's written consent.

It is not a defense to a violation of this section that the patient consented to an anonymous donor.

Notwithstanding any other provision of law, the applicable period of limitation for prosecution of a violation of this section does not begin to run until the date on which the violation is discovered and reported to law enforcement or any other governmental agency.