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South Dakota statute

SDCL § 22-19-9 — Taking, enticing away, or keeping of unmarried minor child by parent--Misdemeanor--Subsequent violation felony

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

Part of Chapter 19: Kidnapping, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-19-9

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 § 22-19-9Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any parent who takes, entices away, or keeps his or her unmarried minor child from the custody or visitation of the other parent, or any other person having lawful custody or right of visitation, in violation of a custody or visitation determination entitled to enforcement by the courts of this state, without prior consent is guilty of a Class 1 misdemeanor. Any subsequent violation of this section is a Class 6 felony.

Official sources

Legal terms used in this section

Questions this section answers

Is taking, enticing away, or keeping of unmarried minor child by parent a felony or a misdemeanor in South Dakota?

It depends on the circumstances: taking, enticing away, or keeping of unmarried minor child by parent ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-19-9.

First violation: Class 1 Misdemeanor (SDCL § 22-19-9) · Subsequent violation: Class 6 Felony (SDCL § 22-19-9)

Which South Dakota statute covers taking, enticing away, or keeping of unmarried minor child by parent?

Taking, enticing away, or keeping of unmarried minor child by parent is governed by SDCL § 22-19-9 (Taking, enticing away, or keeping of unmarried minor child by parent--Misdemeanor--Subsequent violation felony).

This reference is informational and is not legal advice.