reglab/housing_qa huggingface dataset:
SD Codified L § 22-46-10 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-10 - Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--Violation as misdemeanor.

22-46-10. Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--Violation as misdemeanor.Any staff member of a nursing facility, assisted living facility, adult day care center, or community support provider, or any residential care giver, individual providing homemaker services, victim advocate, or hospital personnel engaged in the admission, examination, care, or treatment of elderly or disabled adults who knows, or has reasonable cause to suspect, that an elderly or disabled adult has been or is being abused or neglected, shall, within twenty-four hours, notify the person in charge of the institution where the elderly or disabled adult resides or is present, or the person in charge of the entity providing the service to the elderly or disabled adult, of the suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of §22-46-9. Any person who knowingly fails to make the required report is guilty of a Class 1 misdemeanor. Source: SL 2011, ch 119, §2.
SD Codified L § 22-46-11 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-11 - Voluntary reporting of abuse, neglect, or exploitation.

22-46-11. Voluntary reporting of abuse, neglect, or exploitation.Any person who knows or has reason to suspect that an elder or adult with a disability has been abused, neglected, or exploited as defined in §§22-46-1 to 22-46-3, inclusive, may report that information, regardless of whether that person is one of the mandatory reporters listed in §§22-46-9 and 22-46-10. Source: SL 2011, ch 119, §3; SL 2016, ch 120, §25.
SD Codified L § 22-46-12 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-12 - Information provided by report of abuse, neglect, or exploitation.

22-46-12. Information provided by report of abuse, neglect, or exploitation.The person making a report as required by §22-46-9 and as permitted by §22-46-11 shall provide, or a proper agency receiving the report shall acquire, to the extent possible, the following information:(1)The name, age, physical address, and contact information of the elder or adult with a disability;(2)The name, age, physical address, and contact information of the person making the report;(3)The name, age, physical address, and contact information of the caretaker of the elder or adult with a disability;(4)The name of the alleged perpetrator;(5)The nature and extent of the elder or adult with a disability's injury, whether physical or financial, if any;(6)The nature and extent of the condition that required the report to be made; and(7)Any other pertinent information. Source: SL 2016, ch 120, §23.
SD Codified L § 22-46-13 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-13 - Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.

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.
SD Codified L § 22-46-14 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-14 - Additional penalties against perpetrator for exploitation.

22-46-14. Additional penalties against perpetrator for exploitation.In addition to the damages prescribed in §22-46-13, the court may impose the following penalties:(1)Revoke, in whole or in part, any revocable:(a)Provision by the elder or adult with a disability that is contained in a governing instrument that confers a general or nongeneral power of appointment on the perpetrator; and(b)Nomination or appointment by the elder or adult with a disability that is contained in a governing instrument that nominates or appoints the perpetrator to serve in any fiduciary or representative capacity, including serving as a personal representative, executor, guardian, conservator, trustee, attorney in fact, or agent;(2)Sever the interests of the elder or adult with a disability and the perpetrator in any property that is held by them at the time of the violation as joint tenants with the right of survivorship and transform the interests of the elder or adult with a disability and the perpetrator into tenancies in common. To the extent that the perpetrator did not provide adequate consideration for the jointly held interest, the court may cause the person's interest in the subject property to be forfeited in whole or in part. Source: SL 2016, ch 120, §29.
SD Codified L § 22-46-15 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-15 - Third party property interest acquired for value and in good faith unaffected by severance of perpetrator's property interest.

22-46-15. Third party property interest acquired for value and in good faith unaffected by severance of perpetrator's property interest.A severance pursuant to subdivision 22-46-14(2) does not affect any third party interest in property that was acquired for value and in good faith reliance on apparent title by survivorship in the perpetrator unless a writing declaring the severance has been noted, registered, filed, or recorded in records that are appropriate to the kind and location of the property and that are relied on as evidence of ownership in the ordinary course of transactions involving that property. Source: SL 2016, ch 120, §30.
SD Codified L § 22-46-16 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-16 - Effect of revocation of provision of instrument.

22-46-16. Effect of revocation of provision of instrument.If the court imposes a revocation pursuant to subdivision 22-46-14(1), provisions of the governing instrument shall be given effect as if the perpetrator disclaimed all provisions revoked by the court or, in the case of a revocation of a nomination in a fiduciary or representative capacity, the perpetrator predeceased the decedent. Source: SL 2016, ch 120, §31.
SD Codified L § 22-46-17 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-17 - Additional remedies for violation.

22-46-17. Additional remedies for violation.The court may authorize remedies provided in §21-65-12 for violations under §22-46-3 or 22-46-13. Source: SL 2016, ch 120, §32.
SD Codified L § 22-46-18 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities|Section 22-46-18 - Remedies cumulative with other legal and administrative remedies.

22-46-18. Remedies cumulative with other legal and administrative remedies.The remedies provided in §§22-46-13 to 22-46-17, inclusive, are in addition to and cumulative with other legal and administrative remedies available to an elder or adult with a disability. Source: SL 2016, ch 120, §33.
SD Codified L § 22-48-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 48 - Victim Immunity|Section 22-48-1 - Definitions.

22-48-1. Definitions.Terms used in this chapter mean:(1)"Convicted," includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, or an admission to a juvenile delinquency petition;(2)"Course of criminal conduct," includes the acts or omissions of the perpetrator in carrying out the crime of which convicted or of a victim in resisting criminal conduct;(3)"Crime," includes an offense named in §§22-11-3, 22-11-4, 22-11-6, 22-11-9.1, 22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-18-1, 22-18-1.1, 22-19-1, 22-19A-1, 22-19A-2, 22-22-1, 22-22-7, 22-30-1, 22-30A-4, 22-32-1, 22-32-3, 22-32-8, chapter 22-33, or an attempt to commit any of these offenses. The term includes a crime in other states which would have been within this definition if the crime had been committed in this state;(4)"Perpetrator," any person who has been convicted of a crime as defined in subdivision (3);(5)"Victim," a person who was the object of a perpetrator's criminal conduct and includes a person at the scene of an emergency who gives reasonable assistance to another person who is exposed to or has suffered grave physical harm. Source: SL 1998, ch 124, §1; SL 2003, ch 130, §1.
SD Codified L § 22-48-2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 48 - Victim Immunity|Section 22-48-2 - Perpetrator's assumption of risk--Victim immune from liability--Victim's duty--Exception.

22-48-2. Perpetrator's assumption of risk--Victim immune from liability--Victim's duty--Exception.A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a crime, as defined in this chapter, engaged in by the perpetrator or a person who aids or abets the perpetrator, as defined in §22-3-3, and the crime victim is immune from and not liable for any damages as a result of acts or omissions of the victim if the victim used reasonable force. However, the perpetrator's assumption of risk does not eliminate the crime victim's duty to protect against conditions upon the premises which the crime victim knows or has reason to know may create an unreasonable risk of harm or which may cause a foreseeable trespass by minors, nor does the assumption of risk apply to perpetrators who are mentally incompetent. Source: SL 1998, ch 124, §2.
SD Codified L § 22-48-2.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 48 - Victim Immunity|Section 22-48-2.1 - Claim of use of unreasonable force by victim--Hearing to determine reasonable basis for claim.

22-48-2.1. Claim of use of unreasonable force by victim--Hearing to determine reasonable basis for claim.If the perpetrator claims that the victim used unreasonable force, before any discovery relating to the claim may be commenced and before the claim may be submitted to the trier of fact, the court, after hearing, must find, based on clear and convincing evidence, that there is a reasonable basis to believe that the victim used unreasonable force. Source: SL 2003, ch 130, §2.
SD Codified L § 22-48-3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 48 - Victim Immunity|Section 22-48-3 - Proof of assumption of risk.

22-48-3. Proof of assumption of risk.Notwithstanding other evidence that the victim may adduce relating to the perpetrator's conviction of the crime involving the parties to a claim for relief, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction, or an adjudication as a delinquent child is conclusive proof of the perpetrator's assumption of the risk. Source: SL 1998, ch 124, §3.
SD Codified L § 22-48-4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 48 - Victim Immunity|Section 22-48-4 - Court awards.

22-48-4. Court awards.If the perpetrator does not prevail in a claim for relief that is subject to this section, the court may award reasonable expenses, including attorney's fees and disbursements, to the victim. Source: SL 1998, ch 124, §4.
SD Codified L § 22-48-5 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 48 - Victim Immunity|Section 22-48-5 - Motion for stay of proceedings.

22-48-5. Motion for stay of proceedings.Except to the extent needed to preserve evidence, any claim for relief in which the defense set forth in this section is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged crime. Source: SL 1998, ch 124, §5.
SD Codified L § 22-49-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 49 - Human Trafficking|Section 22-49-1 - Human trafficking prohibited.

22-49-1. Human trafficking prohibited.No person may recruit, harbor, transport, provide, receive, purchase, or obtain, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude. No person may benefit financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section. Any violation of this section constitutes the crime of human trafficking. If the victim is under eighteen years of age, the crime of human trafficking need not involve force, fraud, or coercion. For purposes of this section and §22-49-3, the term, coercion, may include:(1)The use of a plan, statement, or pattern of behavior, with the intent of causing a person to believe that failure to perform an act will result in the use of physical force or violence against the person or will result in the person's restraint, isolation, confinement, or abduction; (2)Inducing a person to provide commercial sexual activity as payment toward or in satisfaction of a real or purported debt; and(3)The use of a person's physical or mental impairment, if that impairment has a substantial adverse effect on the person's cognitive or volitional function. Source: SL 2011, ch 120, §1; SL 2016, ch 129, §1; SL 2017, ch 99, §1; SL 2019, ch 111, §1; SL 2020, ch 89, § 1.
SD Codified L § 22-49-2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 49 - Human Trafficking|Section 22-49-2 - First degree human trafficking--Felony--Attempt against minor.

22-49-2. First degree human trafficking--Felony--Attempt against minor.If a person is guilty of human trafficking under §22-49-1, and the act:(1)Involves committing or attempting to commit kidnapping;(2)Involves a victim under the age of eighteen years;(3)Involves prostitution or procurement for prostitution; or(4)Results in the death of a victim;the person has committed human trafficking in the first degree. A violation of the provisions of this section is a Class 2 felony. Consent to performing any act prescribed in §22-49-1 by a minor or a minor's parent, guardian, or custodian, or any mistake as to the minor's age is not a defense to a charge of violating this section.Notwithstanding the provisions of §22-4-1, any attempt to commit a violation of this section against a victim who is a minor is punishable in the same manner as the completed violation. Source: SL 2011, ch 120, §2; SL 2016, ch 129, §2; SL 2018, ch 138, §1; SL 2020, ch 89, § 2.
SD Codified L § 22-49-3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 49 - Human Trafficking|Section 22-49-3 - Second degree human trafficking--Felony.

22-49-3. Second degree human trafficking--Felony.A person is guilty of human trafficking in the second degree if that person:(1)Recruits, harbors, transports, provides, receives, purchases, or obtains, by any means, another person knowing that force, fraud, or coercion, as defined in §22-49-1, will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude; or(2)Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section.Human trafficking in the second degree is a Class 4 felony. Source: SL 2011, ch 120, §3; SL 2019, ch 111, §2; SL 2020, ch 89, § 3.
SD Codified L § 22-49-4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 49 - Human Trafficking|Section 22-49-4 - Hiring person forced to engage in sexual activity--Felony.

22-49-4. Hiring person forced to engage in sexual activity--Felony.It is a Class 6 felony for a person to hire or attempt to hire another person for a fee to engage in sexual activity, as defined in §22-23-1.1, if the person knew or should have known the other person was being forced to engage in the activity through human trafficking. Source: SL 2016, ch 129, §3.
SD Codified L § 22-49-5 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 49 - Human Trafficking|Section 22-49-5 - Torture of a human trafficking victim--Felony.

22-49-5. Torture of a human trafficking victim--Felony. A person who, with the intent to cause cruel physical or mental pain, inflicts serious bodily injury or serious mental injury upon a human trafficking victim while the victim is the subject of human trafficking is guilty of a Class 1 felony. Proof that the victim suffered pain is not an element of the crime of torture of a human trafficking victim. Source: SL 2021, ch 101, § 1.
SD Codified L § 22-49-6 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 49 - Human Trafficking|Section 22-49-6 - Definition of terms--Torture.

22-49-6. Definition of terms--Torture. Terms used in § 22-49-5 mean:(1)"Cruel," brutal, inhuman, sadistic, or that which torments;(2)"Serious mental injury," a condition that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner caused by or resulting from:(a)The intentional infliction or threatened infliction of serious bodily injury;(b)The administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt the senses or the personality; or(c)The threat of imminent death. Source: SL 2021, ch 101, § 2.
SD Codified L § 23-1A-1 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 01A - Petty Offense Procedure|Section 23-1A-1 - Petty offense procedures used by all law enforcement and judicial officers.

23-1A-1. Petty offense procedures used by all law enforcement and judicial officers.The procedures set forth in this chapter shall be used by all law enforcement and judicial officers for the disposition of petty offense cases. Source: SL 1977, ch 193, §1.
SD Codified L § 23-1A-2 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 01A - Petty Offense Procedure|Section 23-1A-2 - Complaint and summons forms--Uniform traffic ticket--Contents.

23-1A-2. Complaint and summons forms--Uniform traffic ticket--Contents.The attorney general shall promulgate, pursuant to chapter 1-26, a uniform form or forms to be used for petty or misdemeanor complaints and summons regarding traffic offenses. The form shall be designed to serve as a uniform traffic ticket. The attorney general shall designate those law enforcement agencies which would use the uniform traffic ticket.The title on the complaint shall be "The State of South Dakota vs. (defendant's name)." The summons or complaint shall inform the defendant of the information set forth in §§23-1A-11, 23-1A-12, 23-1A-13, 23-1A-16, and 23-1A-18, and of the amount required for the authorized deposit. Source: SL 1977, ch 193, §2; SL 1991, ch 252, §23.
SD Codified L § 23-1A-2.1 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 01A - Petty Offense Procedure|Section 23-1A-2.1 - Ticket form for juvenile cited violations.

23-1A-2.1. Ticket form for juvenile cited violations.The attorney general may revise the uniform traffic ticket created pursuant to chapter 23-1A to be used for juvenile cited violations. Source: SL 2015, ch 152, §41, eff. Jan. 1, 2016.
SD Codified L § 23-1A-3 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 01A - Petty Offense Procedure|Section 23-1A-3 - State's attorney as attorney for plaintiff.

23-1A-3. State's attorney as attorney for plaintiff.The attorney for the plaintiff in the trial of a petty offense shall be the state's attorney of the county which has jurisdiction of the case. Source: SL 1977, ch 193, §14.
SD Codified L § 23-1A-4 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 01A - Petty Offense Procedure|Section 23-1A-4 - Complaint and summons as only complaint necessary.

23-1A-4. Complaint and summons as only complaint necessary.Whenever the complaint and summons promulgated pursuant to §23-1A-2 are used, the attorney for the plaintiff need not make or file any other complaint for the offense charged. Source: SL 1977, ch 193, §3.
SD Codified L § 23-1A-5 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 01A - Petty Offense Procedure|Section 23-1A-5 - Signature under oath on complaint--Traffic ticket issued by law enforcement officer.

23-1A-5. Signature under oath on complaint--Traffic ticket issued by law enforcement officer.Any person may sign a petty offense complaint for an offense which occurred in his presence. A petty offense complaint shall be signed under oath. It is sufficient if a law enforcement officer, in lieu of signing the petty offense complaint under oath, signs the following statement printed or written on a complaint or summons for a petty offense on a uniform traffic ticket: "I declare and affirm under the penalties of perjury that this complaint or summons has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs this statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury. Source: SL 1977, ch 193, §4; SL 2015, ch 134, §1.
SD Codified L § 23-1A-6 (2021)
2021 South Dakota Codified Laws|Title 23 - Law Enforcement|Chapter 01A - Petty Offense Procedure|Section 23-1A-6 - Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent.

23-1A-6. Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent.A minor may be sued for the commission of a petty offense without the appointment of a guardian ad litem. A state's attorney may dismiss a petty offense complaint issued to a minor any time before judgment is entered and try the minor instead as a juvenile delinquent. Source: SL 1977, ch 193, §19.