22-18-36. Vehicular battery.
Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by §32-23-1, without design to effect serious bodily injury, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes the serious bodily injury of another person, including an unborn child, is guilty of vehicular battery. Vehicular battery is a Class 4 felony. In addition to any other penalty prescribed by law, the court shall order that the driver's license of any person convicted of vehicular battery be revoked for a period of not less than three years from the date sentence is imposed or three years from the date of initial release from imprisonment, whichever is later. In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation.
Source: SL 1993, ch 174, §2; SL 1995, ch 122, §9; SL 2000, ch 98, §2; SDCL §22-16-42; SL 2005, ch 120, §172; SL 2006, ch 168, §17; SL 2009, ch 115, §2.
Structure South Dakota Codified Laws
Chapter 18 - Assaults And Personal Injuries
Section 22-18-1.1 - Aggravated assault--Felony.
Section 22-18-1.2 - Criminal battery of an unborn child--Misdemeanor.
Section 22-18-1.3 - Aggravated criminal battery of an unborn child--Felony.
Section 22-18-1.4 - Aggravated battery of an infant--Felony.
Section 22-18-1.5 - Assaults with intent to cause serious permanent disfigurement--Felony.
Section 22-18-3 - Lawful force in arrest and delivery of felon.
Section 22-18-3.1 - Definitions.
Section 22-18-4 - Force--Defense of person.
Section 22-18-4.1 - Deadly force--Defense of person.
Section 22-18-4.2 - Defense of dwelling or residence--Force--Deadly force.
Section 22-18-4.3 - Imminent death--Great bodily injury--Reasonable fear.
Section 22-18-4.4 - Presumption of fear--Exceptions.
Section 22-18-4.5 - Unlawful entry--Presumption.
Section 22-18-4.6 - Force--Defense of property other than a dwelling.
Section 22-18-4.7 - Deadly force--Defense of property other than a dwelling.
Section 22-18-4.8 - Immunity--Burden of proof.
Section 22-18-4.9 - Aggressor--Use of force--Justification not available.
Section 22-18-6 - Reasonable force used by carrier to expel passenger--Vehicle stopped.
Section 22-18-30 - Third or subsequent offense--Offense in another state.
Section 22-18-31 - Intentional exposure to HIV infection a felony.
Section 22-18-32 - Definition of terms.
Section 22-18-33 - Informed consent of person exposed to HIV an affirmative defense.
Section 22-18-34 - Actual transmission of HIV not required for criminal exposure.
Section 22-18-35 - Disorderly conduct--Misdemeanor.
Section 22-18-36 - Vehicular battery.
Section 22-18-37 - Female genital mutilation--Felony.
Section 22-18-38 - Religion, custom, or consent not a defense to female genital mutilation.
Section 22-18-39 - Certain surgical procedures permitted.
Section 22-18-40 - Standing on highway with intent to impede or stop traffic--Misdemeanor.
Section 22-18-41 - Unlawful directing--Light--Laser pointer.