Skip to main content
US Criminal Defense.org
Menu

South Dakota statute

SDCL § 26-10-1 — Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action

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

Part of Chapter 10: Offenses By And Against Minors, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 26-10-1

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.

SDCL § 26-10-1Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner which does not constitute aggravated assault, is guilty of a Class 4 felony. If the victim is less than seven years of age, the person is guilty of a Class 3 felony. The use of reasonable force, as provided in § 22-18-5, is a defense to an offense under this section. Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five. If any person convicted of this offense is the minor's parent, guardian, or custodian, the court shall include as part of the sentence, or conditions required as part of suspended execution or imposition of such sentence, that the person receive instruction on parenting approved or provided by the Department of Social Services.

Official sources

Legal terms used in this section

Questions this section answers

Is abuse of or cruelty to minor as felony a felony or a misdemeanor in South Dakota?

It depends on the circumstances: abuse of or cruelty to minor as felony ranges from a Class 4 Felony to a Class 3 Felony in South Dakota under SDCL § 26-10-1.

Abuse/cruelty to minor - general: Class 4 Felony (SDCL § 26-10-1) · Abuse/cruelty to minor - victim under seven: Class 3 Felony (SDCL § 26-10-1)

Which South Dakota statute covers abuse of or cruelty to minor as felony?

Abuse of or cruelty to minor as felony is governed by SDCL § 26-10-1 (Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action).

This reference is informational and is not legal advice.