South Dakota § 22-16-1.1 - Fetal homicide--Felony--Application.
Full text of South Dakota South Dakota Codified Laws § 22-16-1.1 — Fetal homicide--Felony--Application., with citation guidance and answers to common questions.
§ 22-16-1.1. Fetal homicide--Felony--Application.
Homicide is fetal homicide if the person knew, or reasonably should have known, that a woman bearing an unborn child was pregnant and caused the death of the unborn child without lawful justification and if the person:
(1) Intended to cause the death of or do serious bodily injury to the pregnant woman or the unborn child; or
(2) Knew that the acts taken would cause death or serious bodily injury to the pregnant woman or her unborn child; or
(3) If perpetrated without any design to effect death by a person engaged in the commission of any felony.
Fetal homicide is a Class B felony.
This section does not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, lawful or unlawful, to which the pregnant woman consented.
Source: SL 1995, ch 122, § 3; SL 2005, ch 120, § 151.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 22-16-1.1
What does South Dakota Codified Laws § 22-16-1.1 cover?
Section 22-16-1.1 ("Fetal homicide--Felony--Application.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 22-16-1.1?
A common citation format is "South Dakota Codified Laws § 22-16-1.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 22-16-1.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.