The Legislature finds that:

(1) The state has a compelling state interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain;

Ask a legal question, get an answer ASAP!
Click here to chat with a lawyer about your rights.

Terms Used In South Dakota Codified Laws 34-23A-67

  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • 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) There is substantial medical evidence that an unborn child is capable of experiencing pain by twenty weeks after fertilization.

Source: SL 2016, ch 180, § 1.