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South Dakota statute

SDCL § 26-10-32 — Branding of a minor prohibited--Violation as misdemeanor or felony

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 § 26-10-32

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 § 26-10-32Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
No person may brand a minor. For the purposes of this section, the term, brand, means to make a permanent mark on a person's skin through the use of heat, cold, or a chemical compound, or to cut, tear, or abrade the skin for the purpose of creating a permanent mark or design. It is not a violation of this section to tattoo a minor in compliance with the provisions of § 26-10-19. It is not a violation of this section to pierce any part of a minor's body for the purpose of jewelry or adornment with consent. A violation of this section is a Class 1 misdemeanor. However, any second or subsequent violation of this section is a Class 6 felony.

Official sources

Legal terms used in this section

Questions this section answers

Is branding of a minor prohibited a felony or a misdemeanor in South Dakota?

It depends on the circumstances: branding of a minor prohibited ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 26-10-32.

Branding of a minor - first offense: Class 1 Misdemeanor (SDCL § 26-10-32) · Branding of a minor - subsequent offense: Class 6 Felony (SDCL § 26-10-32)

Which South Dakota statute covers branding of a minor prohibited?

Branding of a minor prohibited is governed by SDCL § 26-10-32 (Branding of a minor prohibited--Violation as misdemeanor or felony).

This reference is informational and is not legal advice.