South Dakota Statutes

§ 22-18-33 — Informed consent of person exposed to HIV an affirmative defense.

South Dakota § 22-18-33
JurisdictionSouth Dakota
Title 22CRIMES
Ch. 22-15ASSAULTS AND PERSONAL INJURIES

This text of South Dakota § 22-18-33 (Informed consent of person exposed to HIV an affirmative defense.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 22-18-33 (2026).

Text

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.

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Legislative History

SL 2000, ch 99, § 3; SL 2005, ch 120, § 18.

Nearby Sections

15
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Bluebook (online)
South Dakota § 22-18-33, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/22-18-33.