South Dakota Statutes

§ 26-10-1 — Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action.

South Dakota § 26-10-1
JurisdictionSouth Dakota
Title 26MINORS
Ch. 26-8EOFFENSES BY AND AGAINST MINORS

This text of South Dakota § 26-10-1 (Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action.) 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 § 26-10-1 (2026).

Text

Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner which does not constitute aggravated assault, is guilty of a Class 4 felony. If the victim is less than seven years of age, the person is guilty of a Class 3 felony. The use of reasonable force, as provided in § 22-18-5 , is a defense to an offense under this section. Notwithstanding § 23A-42-2 , a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five. If any person convicted of this offense is the minor's parent, guardian, or custodian, the court shall include as part of the sentence, or conditions required as part of suspended execution or imposition of such sentence, that the person receive instruction on parenting approved or provided by t

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Related

State v. Eagle Hawk
411 N.W.2d 120 (South Dakota Supreme Court, 1987)
33 case citations
State v. Beck
2010 SD 52 (South Dakota Supreme Court, 2010)
32 case citations
State v. Augustine
2000 SD 93 (South Dakota Supreme Court, 2000)
20 case citations
Matter of R.S.S.
474 N.W.2d 743 (South Dakota Supreme Court, 1991)
14 case citations
In re R.S.S.
474 N.W.2d 743 (South Dakota Supreme Court, 1991)
10 case citations
State v. Biays
402 N.W.2d 697 (South Dakota Supreme Court, 1987)
8 case citations
Small v. State
2003 SD 29 (South Dakota Supreme Court, 2003)
5 case citations
Brown v. Youth Services International of South Dakota, Inc.
89 F. Supp. 2d 1095 (D. South Dakota, 2000)
4 case citations
Alma v. State, Department of Social Services Office of Child Protection Services
2003 SD 29 (South Dakota Supreme Court, 2003)
1 case citations
Berry v. Fluke
(D. South Dakota, 2020)
Blue Thunder v. United States
(D. South Dakota, 2019)

Legislative History

SDC 1939, §§ 13.3301, 13.3303; SDCL §

Nearby Sections

15
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Bluebook (online)
South Dakota § 26-10-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/26-10-1.