This bill amends South Dakota law to prohibit the dispensing, distribution, sale, or advertisement of items intended for unlawful abortions. Specifically, it establishes that any person who administers or prescribes substances or uses instruments with the intent to procure an abortion, without appropriate medical judgment for the pregnant female's life, is guilty of a Class 6 felony. Additionally, the bill introduces new sections that explicitly make it illegal to knowingly dispense or advertise items designed for producing an abortion, also classifying such violations as a Class 6 felony.

Furthermore, the bill empowers the attorney general to impose civil penalties of up to ten thousand dollars for each violation of the new provisions. The attorney general can also seek injunctions against individuals suspected of violating these laws and may recover attorney fees and costs associated with enforcement actions. The collected civil penalties will be directed to the life protection subfund within the extraordinary litigation fund.

Statutes affected:
Senate State Affairs Engrossed, 03/05/2026: 22-17-5.1
Enrolled, 03/11/2026: 22-17-5.1