South Dakota Codified Laws
Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities
Section 22-46-2 - Abuse or neglect of elder or adult with a disability--Felony or misdemeanor.

22-46-2. Abuse or neglect of elder or adult with a disability--Felony or misdemeanor.
Any person who physically abuses or neglects an elder or adult with a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony.
Any person who emotionally or psychologically abuses an elder or adult with a disability is guilty of a Class 1 misdemeanor.

Source: SL 1986, ch 186, §2; SL 1990, ch 171, §2; SL 2005, ch 120, §341; SL 2007, ch 147, §3; SL 2016, ch 120, §2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 22 - Crimes

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 22-46-10 - Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--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 22-46-13 - Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.

Section 22-46-14 - Additional penalties against perpetrator for exploitation.

Section 22-46-15 - Third party property interest acquired for value and in good faith unaffected by severance of perpetrator's property interest.

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.