ENTITLED, An Act to revise certain provisions relating to battery committed against infants and
unborn children.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 22-18 be amended by adding thereto a NEW SECTION to read as
follows:
Any person who intentionally or recklessly causes serious bodily injury to an infant, less than
three years old, by causing any intracranial or intraocular bleeding, or swelling of or damage to the
brain, whether caused by blows, shaking, or causing the infant's head to impact with an object or
surface is guilty of aggravated battery of an infant. Aggravated battery of an infant is a Class 2
felony. A second or subsequent violation of this section is a Class 1 felony.
Section 2. That § 22-18-1.2 be amended to read as follows:
22-18-1.2. Any person who assaults a pregnant woman and inflicts bodily injury on an unborn
child who is subsequently born alive is guilty of criminal battery of an unborn child. Criminal battery
of an unborn child is a Class 1 misdemeanor. For the purposes of this section, the term, bodily injury,
does not include the inducement of the unborn child's birth if done for bona fide medical purposes.
Section 3. That § 22-18-1.3 be amended to read as follows:
22-18-1.3. Any person who assaults a pregnant woman and inflicts serious bodily injury on an
unborn child who is subsequently born alive is guilty of aggravated criminal battery of an unborn
child. Aggravated criminal battery of an unborn child is a Class 3 felony.
Section 4. That § 22-18-1.1 be amended to read as follows:
22-18-1.1. Any person who:
(1) Attempts to cause serious bodily injury to another, or causes such injury, under
circumstances manifesting extreme indifference to the value of human life;
(2) Attempts to cause, or knowingly causes, bodily injury to another with a dangerous
weapon;
(3) Deleted by SL 2005, ch 120, § 2;
(4) Assaults another with intent to commit bodily injury which results in serious bodily
injury;
(5) Attempts by physical menace with a deadly weapon to put another in fear of imminent
serious bodily harm; or
(6) Deleted by SL 2005, ch 120, § 2;
(7)
is guilty of aggravated assault. Aggravated assault is a Class 3 felony.
An Act to revise certain provisions relating to battery committed against infants and unborn
children.
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I certify that the attached Act
originated in the
SENATE as Bill No. 148
____________________________
Secretary of the Senate
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____________________________
President of the Senate
____________________________
Secretary of the Senate
____________________________
Speaker of the House
____________________________
Chief Clerk
Senate Bill No. 148
File No. ____
Chapter No. ______
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Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
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The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
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STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
By _________________________
Asst. Secretary of State
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