SDCL § 26-10-30: Permitting physical or sexual abuse of child as felony--Affirmative defense.
Where this section sits in the code
- TITLE 26. MINORS
- CHAPTER 26-10. OFFENSES BY AND AGAINST MINORS
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 reasonable belief that acting to stop or to prevent the abuse would result in substantial bodily harm to the defendant or the child in retaliation.
Collected 2026-09-03T15:18:57Z. Source file · JSON