South Dakota § 34-23A-90 Down syndrome--Abortion prohibited--Penalty.

South Dakota Statutes

§ 34-23A-90 — Down syndrome--Abortion prohibited--Penalty.

South Dakota § 34-23A-90

Title 34PUBLIC HEALTH AND SAFETY

Ch. 34-23PERFORMANCE OF ABORTIONS

This text of South Dakota § 34-23A-90 (Down syndrome--Abortion prohibited--Penalty.) 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 § 34-23A-90 (2026).

Text

No person may perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking the abortion because the unborn child either has been diagnosed with Down syndrome or has had a screening indicating that the unborn child may have Down syndrome. Any person who violates this section is guilty of a Class 6 felony. No penalty may be assessed against the woman upon whom the abortion is performed or attempted to be performed.

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No person may perform or attempt to perform an abortion with knowledge that the pregnant woman is seeking the abortion because the unborn child either has been diagnosed with Down syndrome or has had a screening indicating that the unborn child may have Down syndrome. Any person who violates this section is guilty of a Class 6 felony. No penalty may be assessed against the woman upon whom the abortion is performed or attempted to be performed.