South Dakota § 22-46-13 - Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.

Full text of South Dakota South Dakota Codified Laws § 22-46-13 — Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees., with citation guidance and answers to common questions.

§ 22-46-13. Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.

A court may find that an elder or adult with a disability has been exploited as defined in § 22-46-1 or 22-46-3. If a court finds exploitation occurred, the elder or adult with a disability has a cause of action against the perpetrator and may recover actual and punitive damages for the exploitation. The action may be brought by the elder or adult with a disability, or that person's guardian, conservator, by a person or organization acting on behalf of the elder or adult with a disability with the consent of that person or that person's guardian or conservator, or by the personal representative of the estate of a deceased elder or adult with a disability without regard to whether the cause of death resulted from the exploitation. The action may be brought in any court of competent jurisdiction to enforce the action. A party who prevails in the action may recover reasonable attorney's fees, costs of the action, compensatory damages, and punitive damages.

Source: SL 2016, ch 120, § 28.

Source: official South Dakota text · Last verified 2026-08-27

Frequently Asked Questions About South Dakota § 22-46-13

What does South Dakota Codified Laws § 22-46-13 cover?

Section 22-46-13 ("Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.") 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 § 22-46-13?

A common citation format is "South Dakota Codified Laws § 22-46-13" (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 § 22-46-13 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.