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.