Chapter 101

(Senate Bill 148)

An Act to establish the crime of torture of a human trafficking victim and provide a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That a NEW SECTION be added:

22-49-5. Torture of a human trafficking victim--Felony.

A person who, with the intent to cause cruel physical or mental pain, inflicts serious bodily injury or serious mental injury upon a human trafficking victim while the victim is the subject of human trafficking is guilty of a Class 1 felony. Proof that the victim suffered pain is not an element of the crime of torture of a human trafficking victim.

Section 2. That a NEW SECTION be added:

22-49-6. Definition of terms--Torture.

Terms used in § 22-49-5 mean:

(1) "Cruel," brutal, inhuman, sadistic, or that which torments;

(2) "Serious mental injury," a condition that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner caused by or resulting from:

(a) The intentional infliction or threatened infliction of serious bodily injury;

(b) The administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt the senses or the personality; or

(c) The threat of imminent death.

Signed March 10, 2021