Abuse Of An Older Adult
SDCL § 22-46-2 — physical abuse or neglect of an elder is a Class 6 felony, and a report within twenty-four hours
An elder is a person sixty-five years of age or older. Physically abusing or neglecting an elder or an adult with a disability is a Class 6 felony; emotional or psychological abuse is a Class 1 misdemeanor.
A caretaker entrusted with their property who takes it with intent to defraud commits theft by exploitation, punished as theft.
Twenty-four hours. Health care professionals, counselors and criminal justice employees who suspect abuse, neglect or exploitation report it within twenty-four hours to the state's attorney, the Department of Human Services or law enforcement. Knowingly failing to is a Class 1 misdemeanor.
A particular situation is a question for a licensed South Dakota attorney.
Sources for this section (4)
- SDCL § 22-46-1 — Definition of terms
- SDCL § 22-46-2 — Abuse or neglect of elder or adult with a disability; Felony or misdemeanor
- SDCL § 22-46-3 — Theft by exploitation; Penalty
- SDCL § 22-46-9 — Mandatory reporting of abuse, neglect, or exploitation; Violation as misdemeanor
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.