Protecting Children in
   Meth Labs

During the 2006 legislative session, state lawmakers passed the following bill:

HB 1180

FOR AN ACT ENTITLED, An Act to prohibit certain acts of child abuse and endangerment and to provide penalties therefore. 
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:
It is a Class 1 misdemeanor for any parent, guardian, or custodian as defined in § 26-7A-1 to willfully deprive a child of necessary food, clothing, shelter, medical care, or supervision appropriate to the child's age, if the parent or guardian is reasonably able to make the necessary provision and if the deprivation harms or endangers the child. However, if the deprivation results in serious bodily injury the violation is a Class 6 felony.

Section 2. That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:
It is a Class 6 felony for any parent, guardian, or custodian to knowingly permit physical or sexual abuse of a child.
It is an affirmative defense, to be proven by clear and convincing evidence, to prosecution under this section if, at the time of the offense, there was a reasonable belief that acting to stop or to prevent the abuse would result in substantial bodily harm to the defendant or the child in retaliation.

Section 3. That chapter 26-10 be amended by adding thereto a NEW SECTION to read as follows:
It is a Class 1 misdemeanor for any person to knowingly cause a child to be present where any person is using, distributing, or manufacturing methamphetamines.