Terms Used In South Dakota Codified Laws 22-18-1.3

  • Felony: A crime carrying a penalty of more than a year in prison.
  • Person: any natural person, unborn child, association, limited liability company, corporation, firm, organization, partnership, or society. See South Dakota Codified Laws 22-1-2
  • Serious bodily injury: such injury as is grave and not trivial, and gives rise to apprehension of danger to life, health, or limb. 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 serious bodily injury on an unborn child who is subsequently born alive is guilty of aggravated criminal battery of an unborn child. Aggravated criminal battery of an unborn child is a Class 3 felony.