S.D. Codified Laws § 21-55-3 (2026)
The failure or the refusal of any person to prevent the live birth of a person may not be considered in awarding damages or in imposing a penalty in any action. The failure or the refusal of any person to prevent the live birth of a person is not a defense in any action.
Source: SL 1981, ch 172 , § 3.