ENTITLED An Act to prohibit threats made with the intent to coerce an abortion and to provide a penalty therefor.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 22-17-13 be AMENDED:
22-17-13. A person is guilty of a Class B felony if, with the intent to cause a pregnant mother to undergo an abortion against her will, the person:
(1) Threatens to commit, against the pregnant mother or any other person within the pregnant mother's presence:
(a) Homicide, murder, or manslaughter, under chapter 22-16;
(b) Aggravated assault, under 22-18-1.1; or
(c) Kidnapping, under chapter 22-19; and
(2) The threat results in the death of the unborn human being, as defined under 34-23A-1.
A charge brought under this section may be commenced at any time prior to the time the victim attains age twenty-five or within seven years of the commission of the crime, whichever is longer.
Section 2. That chapter 22-17 be amended with a NEW SECTION:
A person is guilty of a Class 5 felony if, with the intent to coerce a pregnant mother to undergo an abortion against her will, the person threatens to commit, against the pregnant mother or any other person within the pregnant mother's presence:
(1) Homicide, murder, or manslaughter, under chapter 22-16;
(2) Aggravated assault, under 22-18-1.1; or
(3) Kidnapping, under chapter 22-19.
A charge brought under this section may be commenced at any time prior to the time the victim attains age twenty-five or within seven years of the commission of the crime, whichever is longer.
Section 3. That 22-17-14 be AMENDED:
22-17-14. A person is guilty of a Class 1 misdemeanor if the person:
(1) In any manner other than that set forth in section 2 of this Act, coerces, compels, or attempts to compel a pregnant woman to undergo an abortion;
(2) Requires a pregnant woman to agree to a provision that if she refuses to undergo an abortion, it is a breach of a contract; or
(3) Requires a pregnant woman to agree to a provision that results in her assuming any cost, obligation, or responsibility for refusing to undergo an abortion.
A subsequent offense of this section is a Class 6 felony.
An Act to prohibit threats made with the intent to coerce an abortion and to provide a penalty therefor.
I certify that the attached Act originated in the:
Chief Clerk
Speaker of the House
Attest:
Chief Clerk
President of the Senate
Attest:
Secretary of the Senate
File No. ____ Chapter No. ______
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Received at this Executive Office this _____ day of _____________,
2022 at ____________M.
By for the Governor
The attached Act is hereby approved this ________ day of ______________, A.D., 2022
ss. Office of the Secretary of State
Filed ____________, 2022 at _________ o'clock __M.
Secretary of State
By Asst. Secretary of State
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