There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 22-16-1.1 — Fetal homicide--Felony--Application.
22-16-1.1. Fetal homicide--Felony--Application. Homicide is fetal homicide if the person knew, or reasonably should have known, that a woman bearing an unborn child was pregnant and caused the death of the unborn child without lawful justification and if the person:
(1) Intended to cause the death of or do
serious bodily injury to the pregnant woman or the unborn child;
or
(2) Knew that the acts taken would cause
death or serious bodily injury to the pregnant woman or her unborn
child; or
(3) If perpetrated without any design to
effect death by a person engaged in the commission of any
felony.
Fetal
homicide is a Class B felony.
This section
does not apply to acts which cause the death of an unborn child if
those acts were committed during any abortion, lawful or unlawful,
to which the pregnant woman consented.
Source: SL 1995, ch 122, § 3; SL 2005, ch 120, § 151.
Disclaimer: These codes may not be the most recent version. South Dakota may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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