Any person who assaults a pregnant woman and inflicts bodily injury on an unborn child who is subsequently born alive is guilty of criminal battery of an unborn child. Criminal battery of an unborn child is a Class 1 misdemeanor. For the purposes of this section, the term, bodily injury, does not include the inducement of the unborn child's birth if done for bona fide medical purposes.
S.D. Codified Laws § 22-18-1.2
Criminal battery of an unborn child--Misdemeanor
Applied in 1 court decision — leading case Wiersma v. MAPLE LEAP FARMS (1996)
Most recently applied in Wiersma v. MAPLE LEAP FARMS (February 1996)
Source: SL 1995, ch 122, § 7; SL 2005, ch 120, § 4; SL 2012, ch 123, § 2.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.