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:

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class B felonyup to lifeup to $50,000
For details, see § 22-6-1

Terms Used In South Dakota Codified Laws 22-17-13

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(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.

Source: SL 2019, ch 107, § 1; SL 2022, ch 61, § 1.