South Dakota statute
SDCL § 22-16-1.1 — Fetal homicide--Felony--Application
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 16: Homicide And Suicide, South Dakota Codified Laws.
Criminal charges under this statute
Full text of SDCL § 22-16-1.1
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
Homicide is fetal homicide if the person knew, or reasonably should have known, that a woman bearing an unborn child was pregnant and caused the death of the unborn child without lawful justification and if the person:
(1) Intended to cause the death of or do serious bodily injury to the pregnant woman or the unborn child; or
(2) Knew that the acts taken would cause death or serious bodily injury to the pregnant woman or her unborn child; or
(3) If perpetrated without any design to effect death by a person engaged in the commission of any felony.
Fetal homicide is a Class B felony.
This section does not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, lawful or unlawful, to which the pregnant woman consented.
Official sources
Legal terms used in this section
Questions this section answers
Is fetal homicide a felony or a misdemeanor in South Dakota?
Fetal homicide is a Class B Felony in South Dakota under SDCL § 22-16-1.1.
Which South Dakota statute covers fetal homicide?
Fetal homicide is governed by SDCL § 22-16-1.1 (Fetal homicide--Felony--Application).
This reference is informational and is not legal advice.