This chapter may not be construed to relieve one parent from the criminal liability defined in § 25-7-16 for an omission because the other parent of the child is legally entitled to the custody of the child nor because the other parent of the child, or any other person, or organization, voluntarily or involuntarily furnishes necessary food, clothing, shelter, medical attendance, other remedial care, or other means of support for the child.
S.D. Codified Laws § 25-7-20
Parent's criminal liability not relieved by other parent's custody or support provided by others
Applied in 2 court decisions — leading case State Ex Rel. Wieber v. Hennings (1981)
Most recently applied in State v. Taecker (April 2003)
Source: SDC 1939, § 13.3204 as enacted by SL 1963, ch 56, § 1; SL 1982, ch 195, § 3.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.