CHAPTER 146

(HB 1180)

Child endangerment and child neglect as criminal offenses.


         ENTITLED, An Act to  prohibit certain acts of child abuse and endangerment and to provide penalties therefor.

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

     Section  1.  That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:

     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.

     Section  2.  That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:

     It is a Class 1 misdemeanor for any person to knowingly cause a child to be present where any person is using, distributing, or manufacturing methamphetamines.

     Signed March 2, 2006
_______________