An Act to establish the crime of failure to summon aid for a suicide attempt 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 to chapter 22-16:

A person commits the offense of failure to summon aid for a suicide attempt if the person:

(1) Is physically present at the scene of the attempt;

(2) Knows that another individual is attempting suicide or has inflicted self-harm that creates an imminent risk of serious bodily injury; and

(3) Intentionally fails to promptly summon assistance by contacting law enforcement, medical personnel, or another person reasonably likely to secure immediate emergency assistance.

A violation of this section is a Class 1 misdemeanor.

Section 2. That a NEW SECTION be added to chapter 22-16:

It is a defense to section 1 of this Act if:

(1) The person:

(a) Reasonably feared imminent harm to self or others;

(b) Reasonably believed aid had already been summoned; or

(c) Is under the age of eighteen; or

(2) It was otherwise not reasonably possible for the person to summon aid.