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South Dakota statute

SDCL § 22-18-36 — Vehicular battery

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 § 22-18-36

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 § 22-18-36Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by § 32-23-1, without design to effect serious bodily injury, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes the serious bodily injury of another person, including an unborn child, is guilty of vehicular battery. Vehicular battery is a Class 4 felony. In addition to any other penalty prescribed by law, the court shall order that the driver's license of any person convicted of vehicular battery be revoked for a period of not less than three years from the date sentence is imposed or three years from the date of initial release from imprisonment, whichever is later. In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation.

Official sources

Legal terms used in this section

Questions this section answers

Is vehicular battery a felony or a misdemeanor in South Dakota?

Vehicular battery is a Class 4 Felony in South Dakota under SDCL § 22-18-36.

Which South Dakota statute covers vehicular battery?

Vehicular battery is governed by SDCL § 22-18-36 (Vehicular battery).

This reference is informational and is not legal advice.