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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 26-10-30: Permitting physical or sexual abuse of child as felony--Affirmative defense.

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Where this section sits in the code
  1. TITLE 26. MINORS
  2. 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

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