ENTITLED, An Act to
prohibit human cloning.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Terms used in this Act mean:
(1) "Human cloning," human asexual reproduction accomplished by introducing the nuclear
material of a human somatic cell into a fertilized or unfertilized oocyte whose nucleus has
been removed or inactivated to produce a living organism, at any stage of development,
with a human or predominantly human genetic constitution;
(2) "Human somatic cell," a diploid cell, having a complete set of chromosomes, obtained or
derived from a living or deceased human body at any stage of development;
(3) "Nuclear transplantation," transferring the nucleus of a human somatic cell into an oocyte
from which the nucleus or all chromosomes have been or will be removed or rendered
(4) "Nucleus," the cell structure that houses the chromosomes, and thus the genes;
(5) "Oocyte," the female germ cell, the egg.
No person or entity, public or private, may:
(1) Perform or attempt to perform human cloning;
(2) Participate in an attempt to perform human cloning;
(3) Transfer or receive the product of human cloning; or
(4) Transfer or receive, in whole or in part, any oocyte, embryo, fetus, or human somatic cell,
for the purpose of human cloning.
Any person that knowingly or recklessly violates this section is guilty of a Class 6 felony. Any
person or entity that violates this section and derives a pecuniary gain from such violation is subject
to a civil penalty of two thousand dollars or twice the amount of gross gain, or any intermediate
amount at the discretion of the court.
Nothing in this Act restricts areas of scientific research not specifically prohibited by
this Act, including research in the use of nuclear transfer or other cloning techniques to produce
molecules, deoxyribonucleic acid, cells other than human embryos, tissues, organs, plants, or animals
other than humans.
An Act to prohibit human cloning.
I certify that the attached
originated in the
Secretary of the Senate
President of the Senate
Secretary of the Senate
Speaker of the House
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________ ,
20____ at ____________ M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
STATE OF SOUTH DAKOTA,
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
Secretary of State
Asst. Secretary of State