22-46-1. Definition of terms.
Terms used in this chapter mean:
(1)"Adult with a disability," a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect himself or herself or provide for his or her own care;
(2)"Caretaker," a person or entity who is entrusted with the property of an elder or adult with a disability, or who is responsible for the health or welfare of an elder or adult with a disability, and who assumes the position of trust or responsibility voluntarily, by contract, by receipt of payment, or by order of the court;
(3)"Elder," a person sixty-five years of age or older;
(4)"Emotional and psychological abuse," a caretaker's willful, malicious, and repeated infliction of:
(a)A sexual act or the simulation of a sexual act directed at and without the consent of the elder or adult with a disability that involves nudity or is obscene;
(b)Unreasonable confinement;
(c)Harm or damage or destruction of the property of an elder or adult with a disability, including harm to or destruction of pets; or
(d)Ridiculing or demeaning conduct, derogatory remarks, verbal harassment, or threats to inflict physical or emotional and psychological abuse, directed at an elder or adult with a disability;
(5)"Exploitation," the wrongful taking or exercising of control over property of an elder or adult with a disability with intent to defraud the elder or adult with a disability;
(6)"Neglect," harm to the health or welfare of an elder or an adult with a disability, without reasonable medical justification, caused by a caretaker, within the means available for the elder or adult with a disability, including the failure to provide adequate food, clothing, shelter, or medical care; and
(7)"Physical abuse," physical harm, bodily injury, attempt to cause physical harm or injury, or fear of imminent physical harm or bodily injury.
Source: SL 1986, ch 186, §1; SL 1990, ch 171, §1; SL 2005, ch 120, §339; SL 2007, ch 147, §1; SL 2013, ch 125, §4; SL 2016, ch 120, §1.
Structure South Dakota Codified Laws
Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities
Section 22-46-1 - Definition of terms.
Section 22-46-1.1 - Neglect--Exclusions from definition.
Section 22-46-2 - Abuse or neglect of elder or adult with a disability--Felony or misdemeanor.
Section 22-46-3 - Theft by exploitation--Penalty.
Section 22-46-5 - Investigation of report of abuse, neglect or exploitation.
Section 22-46-7 - Report of abuse, neglect, or exploitation.
Section 22-46-8 - Immunity from liability for reporting abuse, neglect, or exploitation.
Section 22-46-9 - Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor.
Section 22-46-11 - Voluntary reporting of abuse, neglect, or exploitation.
Section 22-46-12 - Information provided by report of abuse, neglect, or exploitation.
Section 22-46-14 - Additional penalties against perpetrator for exploitation.
Section 22-46-16 - Effect of revocation of provision of instrument.
Section 22-46-17 - Additional remedies for violation.
Section 22-46-18 - Remedies cumulative with other legal and administrative remedies.