26-10-1. Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action.Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner which does not constitute aggravated assault, is guilty of a Class 4 felony. If the victim is less than seven years of age, the person is guilty of a Class 3 felony. The use of reasonable force, as provided in §22-18-5, is a defense to an offense under this section. Notwithstanding §23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five.If any person convicted of this offense is the minor's parent, guardian, or custodian, the court shall include as part of the sentence, or conditions required as part of suspended execution or imposition of such sentence, that the person receive instruction on parenting approved or provided by the Department of Social Services. Source: SDC 1939, §§13.3301, 13.3303; SDCL §26-10-5; SL 1969, ch 32; SL 1975, ch 179, §1; SL 1977, ch 189, §96; SL 1983, ch 211, §2; SL 1998, ch 162, §3; SL 2001, ch 145, §1; SL 2008, ch 140, §1.
South Dakota Legal Code