South Dakota criminal charge
Abuse or neglect of elder or adult with a disability in South Dakota
Abuse or neglect of elder or adult with a disability is a criminal offense under South Dakota law, defined by SDCL § 22-46-2. Its classification is not fixed: South Dakota assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by SDCL § 22-46-2.
What is the penalty for abuse or neglect of elder or adult with a disability in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 2 years (Physical abuse or neglect — Applies when a person physically abuses or neglects an elder or adult with a disability in a manner that does not constitute aggravated assault.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Physical abuse or neglect — Applies when a person physically abuses or neglects an elder or adult with a disability in a manner that does not constitute aggravated assault.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 1 year (Emotional or psychological abuse — Applies when a person emotionally or psychologically abuses an elder or adult with a disability.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Emotional or psychological abuse — Applies when a person emotionally or psychologically abuses an elder or adult with a disability.) | discretionary | SDCL § 22-6-2 |
Applies to current.
How is abuse or neglect of elder or adult with a disability classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Physical abuse or neglect | Class 6 Felony | Applies when a person physically abuses or neglects an elder or adult with a disability in a manner that does not constitute aggravated assault. | SDCL § 22-46-2undefined |
| Emotional or psychological abuse | Class 1 Misdemeanor | Applies when a person emotionally or psychologically abuses an elder or adult with a disability. | SDCL § 22-46-2undefined |
Common questions about abuse or neglect of elder or adult with a disability in South Dakota
Is abuse or neglect of elder or adult with a disability a felony or a misdemeanor in South Dakota?
It depends on the circumstances: abuse or neglect of elder or adult with a disability ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-46-2.
Physical abuse or neglect: Class 6 Felony (SDCL § 22-46-2) · Emotional or psychological abuse: Class 1 Misdemeanor (SDCL § 22-46-2)
What are the penalties for abuse or neglect of elder or adult with a disability in South Dakota?
Which South Dakota statute covers abuse or neglect of elder or adult with a disability?
Abuse or neglect of elder or adult with a disability is governed by SDCL § 22-46-2 (Abuse or neglect of elder or adult with a disability--Felony or misdemeanor).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.