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S.D. Codified Laws § 34-23A-10.2

Statement of informed consent--Misdemeanor--Report of physician's conviction--Female not penalized

Applied in 6 court decisions — leading case Planned Parenthood Minnesota v. Rounds (2008)

Most recently applied in PLANNED PARENT. MN, N. DAKOTA, S. DAKOTA v. Rounds (June 2008)

Source: SL 1980, ch 245, § 2; SL 1993, ch 249, § 7; SL 1997, ch 204, § 4.

How often courts cite this section

19942000200820
citing decisions per year

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.

A physician who, knowingly or in reckless disregard, violates § 34-23A-2.1, 34-23A-7, or 34-23A-10.1 is guilty of a Class 2 misdemeanor. The court in which a conviction of a violation of § 34-23A-2.1, 34-23A-7, or 34-23A-10.1 occurs shall report such conviction to the Board of Medical and Osteopathic Examiners.

No penalty may be assessed against the female upon whom the abortion is performed or attempted to be performed. No criminal penalty or civil liability for failure to comply with subsection 34-23A-10.1(2)(c) or that portion of subsection 34-23A-10.1(3) requiring a written certification that the woman has been informed of her opportunity to review the information referred to in subsection 34-23A-10.1(2)(c) may be assessed unless the department of health has made the printed materials available at the time the physician or the physician's agent is required to inform the female of her right to review them.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.