South Dakota Codified Laws 22-18-33. Informed consent of person exposed to HIV an affirmative defense
Current as of: 2023 | Check for updates
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It is an affirmative defense to prosecution pursuant to § 22-18-31, if it is proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge.
Terms Used In South Dakota Codified Laws 22-18-33
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SL 2000, ch 99, § 3; SL 2005, ch 120, § 18.