South Dakota § 22-46-13 Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.

South Dakota Statutes

§ 22-46-13 — Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.

South Dakota § 22-46-13

Title 22CRIMES

Ch. 22-46ABUSE, NEGLECT, OR EXPLOITATION OF ELDERS OR ADULTS WITH DISABILITIES

This text of South Dakota § 22-46-13 (Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.) 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 § 22-46-13 (2026).

Text

A court may find that an elder or adult with a disability has been exploited as defined in § 22-46-1 or 22-46-3 . If a court finds exploitation occurred, the elder or adult with a disability has a cause of action against the perpetrator and may recover actual and punitive damages for the exploitation. The action may be brought by the elder or adult with a disability, or that person's guardian, conservator, by a person or organization acting on behalf of the elder or adult with a disability with the consent of that person or that person's guardian or conservator, or by the personal representative of the estate of a deceased elder or adult with a disability without regard to whether the cause of death resulted from the exploitation. The action may be brought in any court of competent jurisdi

Free access — add to your briefcase to read the full text and ask questions with AI

A court may find that an elder or adult with a disability has been exploited as defined in § 22-46-1 or 22-46-3 . If a court finds exploitation occurred, the elder or adult with a disability has a cause of action against the perpetrator and may recover actual and punitive damages for the exploitation. The action may be brought by the elder or adult with a disability, or that person's guardian, conservator, by a person or organization acting on behalf of the elder or adult with a disability with the consent of that person or that person's guardian or conservator, or by the personal representative of the estate of a deceased elder or adult with a disability without regard to whether the cause of death resulted from the exploitation. The action may be brought in any court of competent jurisdiction to enforce the action. A party who prevails in the action may recover reasonable attorney's fees, costs of the action, compensatory damages, and punitive damages.