Terms Used In South Dakota Codified Laws 22-18-1.2

  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Person: any natural person, unborn child, association, limited liability company, corporation, firm, organization, partnership, or society. See South Dakota Codified Laws 22-1-2
  • Unborn child: an individual organism of the species homo sapiens from fertilization until live birth. See South Dakota Codified Laws 22-1-2
Any person who assaults a pregnant woman and inflicts bodily injury on an unborn child who is subsequently born alive is guilty of criminal battery of an unborn child. Criminal battery of an unborn child is a Class 1 misdemeanor. For the purposes of this section, the term, bodily injury, does not include the inducement of the unborn child’s birth if done for bona fide medical purposes.