South Dakota Codified Laws
Chapter 26 - Custody And Disposition Of Bodies And Body Parts
Section 34-26-15 - Burial within reasonable time required.

34-26-15. Burial within reasonable time required.
Except in the cases in which the right to dissect a dead body is expressly conferred by law, every dead body of a human being lying within this state must be decently buried within a reasonable time after the death. Nothing herein shall affect the right to remove from or carry through this state, a dead human body or parts thereof for the purpose of burying the same in another place.

Source: PenC 1877, §§349, 350; CL 1887, §§6550, 6551; RPenC 1903, §§354, 355; RC 1919, §§3868, 3869; SDC 1939, §27.1301.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34 - Public Health and Safety

Chapter 26 - Custody And Disposition Of Bodies And Body Parts

Section 34-26-1 - Personal right to direct disposition of body and bodily parts.

Section 34-26-2 - Autopsy authorized.

Section 34-26-3 - Dissection authorized by decedent during life.

Section 34-26-4 - Dissection authorized by spouse or next of kin.

Section 34-26-5 - Dissection for purposes of inquest authorized by coroner, sheriff, or state's attorney.

Section 34-26-6 - Dissection of body of state institution inmate--Consent of next of kin required--Abandoned inmate.

Section 34-26-7 - Dissection authorized by legislative enactment.

Section 34-26-8 - Notice to medical school of unclaimed body--Requisition by and forwarding to medical school.

Section 34-26-9 - Receipt and record of bodies received by medical school.

Section 34-26-10 - Embalming and preservation of bodies by medical school--Claim by friend or relative.

Section 34-26-11 - Use of unclaimed bodies by medical school--Burial of remains.

Section 34-26-12 - Autopsies at hospitals for the mentally ill.

Section 34-26-13 - Unauthorized dissection of body as misdemeanor.

Section 34-26-14 - Right to custody of dead body--Coroner's custody pending inquest.

Section 34-26-15 - Burial within reasonable time required.

Section 34-26-17 - Right and duty of burial on failure by persons first charged--County claim against estate for expense of burial.

Section 34-26-18 - Failure to make burial as misdemeanor--Civil liability for treble expenses.

Section 34-26-19 - Provisions applicable to parts of body.

Section 34-26-21.1 - Department of Public Safety distribution of information on organ donation.

Section 34-26-47 - Hospital protocol for identifying potential organ donors.

Section 34-26-47.1 - Discrimination in organ transplant process prohibited.

Section 34-26-48 - Short title.

Section 34-26-49 - Definitions.

Section 34-26-50 - Applicability.

Section 34-26-51 - Who may make anatomical gift before donor's death.

Section 34-26-52 - Manner of making anatomical gift before donor's death.

Section 34-26-52.1 - Organ donor designation on driver licenses and identification cards--Maintenance and removal of donor designation in department computer records.

Section 34-26-53 - Amending or revoking anatomical gift before donor's death.

Section 34-26-54 - Refusal to make anatomical gift--Effect of refusal.

Section 34-26-55 - Preclusive effect of anatomical gift, amendment, or revocation.

Section 34-26-56 - Who may make anatomical gift of decedent's body or part.

Section 34-26-57 - Manner of making, amending, or revoking anatomical gift of decedent's body or part.

Section 34-26-58 - Persons who may receive anatomical gift--Purpose of anatomical gift.

Section 34-26-59 - Search and notification.

Section 34-26-60 - Delivery of document of gift not required--Right to examine.

Section 34-26-61 - Rights and duties of procurement organization and others.

Section 34-26-62 - Coordination of procurement and use.

Section 34-26-63 - Sale or purchase of parts prohibited.

Section 34-26-64 - Other prohibited acts.

Section 34-26-65 - Immunity.

Section 34-26-66 - Law governing validity--Choice of law as to execution of document of gift--Presumption of validity.

Section 34-26-67 - Donor registry.

Section 34-26-68 - Effect of anatomical gift on advance health care directive.

Section 34-26-69 - Cooperation between coroner and procurement organization.

Section 34-26-70 - Facilitation of anatomical gift from decedent whose body is under jurisdiction of coroner.

Section 34-26-71 - Uniformity of application and construction.

Section 34-26-72 - Relation to Electronic Signatures in Global and National Commerce Act.

Section 34-26-73 - Disposition of body of deceased servicemember.

Section 34-26-74 - Contracts for disposition--Funeral--Burial.

Section 34-26-75 - Right to control--Order of precedence.

Section 34-26-76 - Forfeiture of right.

Section 34-26-77 - Affidavit--Designation by decedent.

Section 34-26-78 - Court determination against statutory precedence--Considerations.

Section 34-26-79 - Funeral service agreement-- Disposition authorization—Reliance upon content.

Section 34-26-80 - Funeral homes--Limitation of liability--Acting in good faith.