South Dakota

South Dakota Codified Laws § 20-13-60 Public changing rooms, sleeping quarters, and restrooms--Use restricted--Reasonable efforts required, prohibits a biological male from entering a changing room, restroom, or sleeping quarters designated exclusively for females, and vice versa, except in limited circumstances such as parental accompaniment of a child under 10, disability assistance, law enforcement duties, or emergencies. Schools and other facilities must make reasonable efforts to enforce this provision.

South Dakota Codified Laws § 21-5-1, liability for wrongful death where damages for injury could have been recovered–unborn child, allows a mother or married parents to recover damages for the wrongful death or injury of their unborn child caused by a wrongful act, neglect, or default that would have given rise to liability if the child had survived. The statute expressly recognizes the right to pursue damages for the death of an unborn child when the underlying conduct amounts to at least a felony.

South Dakota Codified Laws § 22-14-15.2 Possession of firearm by one convicted of misdemeanor crime involving domestic violence--Misdemeanor--Civil rights restored--Repeal of section--Order restoring rights, makes it unlawful for a person convicted of a misdemeanor crime involving domestic violence to possess or control a firearm for one year following their conviction. Absent further violations, firearm rights are restored. Possession within the prohibited period is a Class 1 misdemeanor, punishable by up to one year in prison, a $2,000 fine, or both.

South Dakota Codified Laws § 22-17-5.1 prohibits the use of any instrument, drug, medicine, or substance with the intent to cause an abortion, except where an appropriate and reasonable medical judgment finds the procedure necessary to preserve the life of the pregnant person. This provision became effective after the Supreme Court decision in Dobbs v.

Under South Dakota Codified Laws Chapter 22-17 Unauthorized Abortion, Section 6 makes it a crime to intentionally kill a human fetus by causing an injury to the mother. The injury must have been unauthorized under 34-23A, which contains the provisions for the performance of abortions.

Under South Dakota Codified Laws § 22-18-37, knowingly circumcising, excising, mutilating, or infibulating the genitalia of a female under the age of 18 is a crime. This includes consenting to, permitting, or arranging such conduct, including transporting a minor out of state for the procedure. The offense is classified as a Class 4 felony, which is punishable by up to ten years in prison, a fine of up to $20,000, or both.

Under South Dakota Codified Laws § 22-23-1 it is a crime for any person 18 years of age or older to engage in sexual activity for a fee or other compensation, including intercourse, oral or anal sex, or other sexual contact intended to gratify desire. It is also unlawful to hire or attempt to hire another for prostitution. An affirmative defense exists if the defendant was compelled through human trafficking or threats of bodily harm.

South Dakota Codified Laws § 22-24B-1 defines the range of offenses classified as “sex crimes” that would trigger mandatory sex offender registration, including rape, felony sexual contact with a minor under 16, sexual contact with a person incapable of cons

Under South Dakota Codified Laws § 22-23-2 it is a Class 5 felony to promote prostitution by encouraging, inducing, or procuring another person to engage in the act, including causing a spouse, child, or dependent to become or remain a prostitute. Section 22-23-8 extends criminal liability to acts such as soliciting customers for prostitutes, procuring individuals for prostitution, transporting people

Article 21, § 9 of the South Dakota Constitution states that only a marriage between a man and a woman is valid or recognized in the state. It further bars recognition of civil unions, domestic partnerships, or other similar relationships involving two or more persons. This constitutional provision was invalidated by the U.S. Supreme Court in Obergefell v. Hodges, 576 U.S.