If a woman who was pregnant at the time of an alleged violation of § 22-42-5 or 22-42-5 .1 provides evidence that she:

(1) Received adequate prenatal care from a licensed health care professional during her pregnancy;

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Terms Used In South Dakota Codified Laws 22-42-23

  • 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.

(2) Actively enrolled in an addiction recovery program before the child was born;

(3) Remained in the program after delivery; and

(4) Completed the addiction recovery program,

the state shall dismiss the charge.

Source: SL 2020, ch 88, § 1.