ENTITLED 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. 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 person:

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

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

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

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

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

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) In 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.

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

I certify that the attached Act originated in the: House as Bill No. 1113 Chief Clerk Speaker of the House Attest: Chief Clerk President of the Senate Attest: Secretary of the Senate House Bill No. 1113 File No. ____ Chapter No. ______

Received at this Executive Office this _____ day of _____________, 2022 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2022 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2022 at _________ o'clock __M. Secretary of State By Asst. Secretary of State