An Act to prohibit threats made with the intent to coerce an abortion and to provide a penalty therefor.

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

Section 1. That § 22-17-13 be AMENDED:

22-17-13. Any A person is guilty of a Class B felony if, with the intent to cause a pregnant mother to undergo an abortion against her will, the personwho threatens:

(1) Threatens to commit, against the pregnant mother or any other person within the pregnant mother's presence:

(1)(a) Homicide, murder, or manslaughter, under chapter 22-16; or

(2)(b) Aggravated assault, under § 22-18-1.1; or

(3)(c) Kidnapping, under chapter 22-19;

against the pregnant mother or any other person within the pregnant mother's presence with the intent to cause the pregnant mother to undergo an abortion against her will that and

(2) The threat results in the death of the unborn human being, as defined under § 34-23A-1 is guilty of a Class B felony.

A charge brought under this section may be commenced at any time prior to the time the victim attains age twenty-five or within seven years of the commission of the crime, whichever is longer.

Section 2. That chapter 22-17 be amended with a NEW SECTION:

A person is guilty of a Class 5 felony if, with the intent to coerce a pregnant mother to undergo an abortion against her will, the person threatens to commit, against the pregnant mother or any other person within the pregnant mother's presence:

(1) Homicide, murder, or manslaughter, under chapter 22-16;

(2) Aggravated assault, under § 22-18-1.1; or

(3) Kidnapping, under chapter 22-19.

A charge brought under this section may be commenced at any time prior to the time the victim attains age twenty-five or within seven years of the commission of the crime, whichever is longer.

Section 3. That § 22-17-14 be AMENDED:

22-17-14. A person is guilty of a Class 1 misdemeanor if the person:

(1) CoercesIn any manner other than that set forth in section 2 of this Act, coerces, compels, or attempts to compel a pregnant woman to undergo an abortion;

(2) Requires a pregnant woman to agree to a provision that if she refuses to undergo an abortion, it is a breach of a contract; or

(3) Requires a pregnant woman to agree to a provision that results in her assuming any cost, obligation, or responsibility for refusing to undergo an abortion.

A subsequent offense of this section is a Class 6 felony.