State Legal Snapshot
Abortion law, status, and enforcement — one-page reference
South Dakota enforces a near-total abortion ban with an exception solely to preserve the pregnant woman's life; all other abortions are Class 6 felonies.
S.D. Codified Laws § 22-17-5.1 · S.D. Codified Laws § 22-17-5.2
South Dakota's legal treatment of the unborn contains a deep and carefully constructed internal contradiction. The Legislature has declared that the unborn child is 'a whole, separate, unique, living human being' whose life is terminated by abortion (SDCL § 34-23A-1.2). The murder statute defines 'human being' to 'include an unborn child' (SDCL § 22-16-4(1)), and the fetal homicide law (SDCL § 22-16-1.1) makes killing an unborn child a Class B felony carrying mandatory life imprisonment. The wrongful death statute (SDCL § 21-5-1) provides civil recovery for the death of an unborn child.
S.D. Codified Laws § 22-16-1.1 · S.D. Codified Laws § 22-16-4 · S.D. Codified Laws § 34-23A-1.2
A physician must give 48 hours' written notice to a parent or guardian before performing an abortion on an unemancipated minor, unless a medical emergency exists or the minor obtains a judicial waiver.
South Dakota has no statute requiring spousal or paternal consent or notice for an abortion; the only third-party involvement requirement is parental notice for minors.
| Actor | Offense | Penalty |
|---|---|---|
| Physician performing unlawful abortion | Unlawful abortion (SDCL § 22-17-5.1) | Class 6 felony: 2 years imprisonment, $4,000 fine, or both; presumptive probation eligible under SDCL § 22-6-11; conviction reported to Board of Medical and Osteopathic Examiners |
| Any person dispensing or advertising abortion-inducing items | Dispensing or advertising abortion-inducing articles (SDCL § 22-17-5.3) | Class 6 felony: 2 years imprisonment, $4,000 fine, or both; plus civil penalty up to $10,000 per violation sought by Attorney General |
| Physician performing partial-birth abortion | Partial-birth abortion (SDCL § 34-23A-27) | Class 6 felony: 2 years imprisonment, $4,000 fine, or both; woman exempt from prosecution (SDCL § 34-23A-31) |
| Physician violating informed consent | Informed consent violation (SDCL § 34-23A-10.2) | Class 2 misdemeanor: 30 days imprisonment, $500 fine, or both; conviction reported to Board of Medical and Osteopathic Examiners; woman exempt |
| Third party causing death of unborn child (non-abortion) | Fetal homicide (SDCL § 22-16-1.1) | Class B felony: mandatory life imprisonment, $50,000 fine possible; abortion exemption applies |
Mayday Health v. Jackley
Litigation · Pending in U.S. District Court for the District of South Dakota; oral argument held June 25, 2026; awaiting decision
If Mayday Health prevails, the advertising and potentially the dispensing provisions of SDCL § 22-17-5.3 could be enjoined as unconstitutional under the First Amendment, limiting South Dakota's ability to prosecute out-of-state actors for providing information about abortion pills.
Potential 2027 legislative session abortion-related bills
Legislation · Speculative; 2027 session convenes January 2027
Following the 2026 legislative session's three-bill package, additional restrictions are possible in 2027, including possible attempts to enact an abortion trafficking statute (criminalizing assistance with out-of-state travel for minors), further restrictions on medication abortion, or enhanced penalties.
The primary operative ban: makes performing or procuring an unlawful abortion a Class 6 felony with a sole exception to preserve the life of the pregnant woman.
Expressly exempts the pregnant woman from criminal liability for undergoing an unlawful abortion, added in 2023.
Creates a distinct Class 6 felony and civil penalties up to $10,000 for dispensing or advertising abortion-inducing items; subject to pending First Amendment challenge.
Defines the scope of what constitutes an abortion under South Dakota law; 2026 amendment carved out miscarriage, ectopic pregnancy, and removal of deceased unborn child.
Makes killing an unborn child a Class B felony (mandatory life imprisonment) but expressly excludes abortions, lawful or unlawful, to which the pregnant woman consented.
Generated from the structured legal focused deep-research record for SD (research completed 2026-07-12). This snapshot condenses a much larger sourced dataset — full citations, quoted statutory text, and plain-language explanations are in the full South Dakota survey. This document has not been reviewed by a lawyer and should not be used as legal advice.