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.
Source: SL 2006, ch 146, ยง1.
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.