S.D. Codified Laws § 22-18-33
Current through the 2024 Legislative Session
It is an affirmative defense to prosecution pursuant to § 22-18-31, if it is proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge.
SDCL 22-18-33