{"data":{"id":"us-sd/sdcl-22-46-13","jurisdiction":"us-sd","citation":"SDCL § 22-46-13","heading":"Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.","body":"A court may find that an elder or adult with a disability has been exploited as defined in § 22-46-1 or 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. 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 personal representative of the estate of a deceased elder or adult with a disability without regard to whether the cause of death resulted from the exploitation. The action may be brought in any court of competent jurisdiction to enforce the action. A party who prevails in the action may recover reasonable attorney's fees, costs of the action, compensatory damages, and punitive damages.","path":["TITLE 22. CRIMES","CHAPTER 22-46. ABUSE, NEGLECT, OR EXPLOITATION OF ELDERS OR ADULTS WITH DISABILITIES"],"source_url":"https://sdlegislature.gov/Statutes/22-46-13","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"7e5049fccb57f0076a294eac2ddd0c6d4c1f3f9856fcfcc9ffa894cc987c6a1a","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-22-46-12","next":"us-sd/sdcl-22-46-14"},"notice":"GroundRules: Original legal text. Not legal advice."}