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South Dakota statute

SDCL § 22-18-1.2 — Criminal battery of an unborn child--Misdemeanor

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 18: Assaults And Personal Injuries, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-18-1.2

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.

SDCL § 22-18-1.2Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any person who assaults a pregnant woman and inflicts bodily injury on an unborn child who is subsequently born alive is guilty of criminal battery of an unborn child. Criminal battery of an unborn child is a Class 1 misdemeanor. For the purposes of this section, the term, bodily injury, does not include the inducement of the unborn child's birth if done for bona fide medical purposes.

Official sources

Legal terms used in this section

Questions this section answers

Is criminal battery of an unborn child a felony or a misdemeanor in South Dakota?

Criminal battery of an unborn child is a Class 1 Misdemeanor in South Dakota under SDCL § 22-18-1.2.

Which South Dakota statute covers criminal battery of an unborn child?

Criminal battery of an unborn child is governed by SDCL § 22-18-1.2 (Criminal battery of an unborn child--Misdemeanor).

This reference is informational and is not legal advice.