It is an affirmative defense to prosecution pursuant to § 22-18-31, if it is proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge.
S.D. Codified Laws § 22-18-33
Informed consent of person exposed to HIV an affirmative defense
Source: SL 2000, ch 99, § 3; SL 2005, ch 120, § 18.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.