AN ACT
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.
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.
Section 2. That subdivision (9) of § 22-1-2 be amended to read as follows:
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;
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.
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I certify that the attached Act originated in the
HOUSE as
Bill
No.
1051
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____________________________
Chief Clerk
Chief Clerk
____________________________
Speaker of the House
Speaker of the House
Attest:
____________________________
Chief Clerk
Chief Clerk
____________________________
President of the Senate
Attest:
____________________________
Secretary of the Senate
Secretary of the Senate
House
Bill
No.
1051
File No. ____
Chapter No. ______=========================
Received at this Executive Office this _____ day of _____________ ,
File No. ____
Chapter No. ______
Received at this Executive Office this _____ day of _____________ ,
20____ at ____________ M.
By _________________________
for the Governor
for the Governor
The attached Act is hereby
approved this ________ day of
______________ , A.D., 20___
____________________________
Governor
Governor
STATE OF SOUTH DAKOTA,
ss.
Office of the Secretary of State
Filed ____________ , 20___
at _________ o'clock __ M.
____________________________
Secretary of State
Secretary of State
By _________________________
Asst. Secretary of State
