South Dakota statute
SDCL § 22-18-33 — Informed consent of person exposed to HIV an affirmative defense
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 18: Assaults And Personal Injuries, South Dakota Codified Laws.
Full text of SDCL § 22-18-33
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.
It is an affirmative defense to prosecution pursuant to § 22-18-31, if it is proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge.
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