S.D. Codified Laws § 26-10-30

Current through the 2024 Legislative Session
Section 26-10-30 - Permitting physical or sexual abuse of child as felony-Affirmative defense

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.

SDCL 26-10-30

SL 2006, ch 146, §1.