South Dakota § 26-10-30 Permitting physical or sexual abuse of child as felony--Affirmative defense.

South Dakota Statutes

§ 26-10-30 — Permitting physical or sexual abuse of child as felony--Affirmative defense.

South Dakota § 26-10-30

Title 26MINORS

Ch. 26-8EOFFENSES BY AND AGAINST MINORS

This text of South Dakota § 26-10-30 (Permitting physical or sexual abuse of child as felony--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 § 26-10-30 (2026).

Text

It is a Class 6 felony for any parent, guardian, or custodian to knowingly permit physical or sexual abuse of a child. It is an affirmative defense, to be proven by clear and convincing evidence, to prosecution under this section if, at the time of the offense, there was a reasonable belief that acting to stop or to prevent the abuse would result in substantial bodily harm to the defendant or the child in retaliation.

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It is a Class 6 felony for any parent, guardian, or custodian to knowingly permit physical or sexual abuse of a child. It is an affirmative defense, to be proven by clear and convincing evidence, to prosecution under this section if, at the time of the offense, there was a reasonable belief that acting to stop or to prevent the abuse would result in substantial bodily harm to the defendant or the child in retaliation.