The provisions of §§ 25-7-16 to 25-7-20, inclusive, are applicable whether the parents of such child are married or divorced, and regardless of any decree made in any divorce action relative to alimony or to the support of the child. A child conceived but not yet born is to be deemed an existing person insofar as said sections are concerned.
S.D. Codified Laws § 25-7-19
Marital status and divorce decrees immaterial to criminal liability--Status of unborn child
Applied in 3 court decisions — leading case State v. Taecker (2003)
Most recently applied in 650 F. Supp. 2d 972 - PLANNED PARENTHOOD MINNESOTA, ND, SD v. Rounds (August 2009)
Source: SDC 1939, § 13.3204 as enacted by SL 1963, ch 56, § 1.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.