South DakotaSouth Dakota law defines abortion and lists excluded medical treatments
South Dakota law defines abortion, excludes certain medical treatments, and makes intentionally causing an abortion a felony unless needed to preserve the pregnant person's life.
What it does
South Dakota law defines abortion as intentionally ending a human life in the uterus. It excludes several medical procedures, including care for miscarriage and ectopic pregnancy.
A person who intends to cause an abortion by providing or using medicine, drugs, substances, or instruments commits a Class 6 felony, unless appropriate medical judgment finds it necessary to preserve the pregnant person's life.
Argument forThe listed exceptions could help patients and providers distinguish abortion from care for miscarriage, ectopic pregnancy, and other specified medical needs.
Argument againstBecause the felony rule relies on this definition, a provider could face criminal penalties if a procedure is judged to fall outside its listed exceptions.
More detail
South Dakota law defines abortion as intentionally ending a human life in the uterus and lists procedures the term excludes. This definition applies to terms used in the abortion-related chapter. The definition excludes accidental or unintentional death during medical treatment, treatment to resolve a miscarriage, treatment or removal of an ectopic pregnancy, removal of a deceased unborn child, and procedures to save or preserve the unborn child's life or health.
The law makes it a Class 6 felony for a person to use or provide specified means with intent to cause an abortion. It covers a person who administers, prescribes, or procures medicine, drugs, or substances for a pregnant person, or uses instruments or other means. The provision applies unless appropriate and reasonable medical judgment finds the abortion necessary to preserve the pregnant person's life.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 30Signed by the Governor Larry Rhoden on 2026-03-30 H.J. 579Became Law
- Mar 9Delivered to the Governor on 2026-03-09 H.J. 534To Governor
- Mar 5Signed by the President S.J. 486Passed Senate
- Mar 4Signed by the Speaker H.J. 516Passed House
- Mar 3Senate Do Pass Amended , Passed, YEAS 31, NAYS 2 S.J. 447
- Vote recorded Do Pass Amended. Result: pass.Upper
- Mar 2State Affairs Do Pass , Passed, YEAS 8, NAYS 1 S.J. 37Minor
- Vote recorded Do Pass. Result: pass.Upper
- Mar 2Scheduled for hearing
- Feb 25First read in Senate and referred to Senate State Affairs S.J. 398Minor
- Feb 24House of Representatives Do Pass Amended , Passed, YEAS 60, NAYS 6 H.J. 426
- Vote recorded Do Pass Amended. Result: pass.Lower
- Feb 23State Affairs Do Pass Amended , Passed, YEAS 10, NAYS 2
- Vote recorded Do Pass Amended. Result: pass.Lower
- Feb 23State Affairs Motion to amend , Passed, Amendment 1257DMajor
- Feb 23Scheduled for hearing
- Feb 11Referred to House State Affairs H.J. 294Minor
- Feb 6Prime Sponsor Changed at the Request of the Prime Sponsor , Passed, H.J. 246
- Feb 3First Reading House H.J. 207Introduced
HealthcareCriminal Justice