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South Dakota Criminal Law FAQs

• Q: Does A Person With An Std Have To Inform Their Partner Of Their Status?
  A: South Dakota Codified Laws Section 34-23-1 provides that: It is a class 2 misdemeanor for anyone infected with syphilis, gonorrhea, or chancroid to expose another person to infection.
• Q: Is Informed Consent A Defense To Having Sex With A Person Who Is Hiv Positive?
  A: South Dakota Codified Laws Section 22-18-33 provides that: It is an affirmative defense to prosecution pursuant to Section 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.
• Q: Does A Person With Hiv Have To Inform Their Partner Of Their Status?
  A: South Dakota Codified Laws Section 22-18-31 provides that: It is unlawful for any person, knowing himself or herself to be infected with HIV, to intentionally expose another person to infection by (1) engaging in sexual intercourse or other intimate physical contact with another person; (2) transferring, donating or providing blood, tissue, semen, organs or other potentially infectious body fluids or parts for administration to another person in any manner that presents a significant risk of HIV infection; (3) transferring in any way to another person any nonsterile intravenous or intramuscular drug paraphernalia that has been contaminated by himself or herself; or by (4) causing blood or semen to some in contact with another person for the purpose of exposing that person to HIV infection. Violation of these provision is a class 3 felony.

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