26-10-1. Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action.
Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner which does not constitute aggravated assault, is guilty of a Class 4 felony. If the victim is less than seven years of age, the person is guilty of a Class 3 felony. The use of reasonable force, as provided in §22-18-5, is a defense to an offense under this section. Notwithstanding §23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five.
If any person convicted of this offense is the minor's parent, guardian, or custodian, the court shall include as part of the sentence, or conditions required as part of suspended execution or imposition of such sentence, that the person receive instruction on parenting approved or provided by the Department of Social Services.
Source: SDC 1939, §§13.3301, 13.3303; SDCL §26-10-5; SL 1969, ch 32; SL 1975, ch 179, §1; SL 1977, ch 189, §96; SL 1983, ch 211, §2; SL 1998, ch 162, §3; SL 2001, ch 145, §1; SL 2008, ch 140, §1.
Structure South Dakota Codified Laws
Chapter 10 - Offenses By And Against Minors
Section 26-10-2.1 - Professional boxing by minors prohibited.
Section 26-10-19 - Tattooing minor without parental consent as misdemeanor.
Section 26-10-26 - Date of discovery in child sexual abuse action.
Section 26-10-27 - Knowledge of parent or guardian.
Section 26-10-28 - "Child" defined.
Section 26-10-29 - "Childhood sexual abuse" defined.
Section 26-10-30 - Permitting physical or sexual abuse of child as felony--Affirmative defense.
Section 26-10-32 - Branding of a minor prohibited--Violation as misdemeanor or felony.
Section 26-10-33 - Juvenile sexting prohibited--Violation as misdemeanor.
Section 26-10-34 - Defenses to juvenile sexting.
Section 26-10-35 - Depiction of person charged not a defense to juvenile sexting.