CHAPTER 145

(HB 1051)

Child abuse, punishment for crime increased.

         ENTITLED, An Act to  increase the punishment for felony child abuse of a child under seven years of age and to designate the offense as a crime of violence.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 26-10-1 be amended to read as follows:

     26-10-1.   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.

     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. This requirement does not apply if there is a reasonable expectation that parental rights will be terminated.

     Section  2.  That subdivision (9) of § 22-1-2 be amended to read as follows:

             (9)      "Crime of violence," any of the following crimes or an attempt to commit, or a conspiracy to commit, any of the same: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first or second degree, arson, kidnapping, felony sexual contact as defined in § §   22-22-7 and 22-22-19.1 , felony child abuse as defined in §  26- 10-1, or any other felony in the commission of which the perpetrator used force, or was armed with a dangerous weapon, or used any explosive or destructive device;

     Signed February 5, 2001.

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