Child abuse is generally the mistreatment of a child by a parent or caregiver—through actions or inactions—that causes injury, death, or emotional harm to the child—or that places the child at serious risk of such injury, death, or emotional harm. Mistreatment that constitutes child abuse may take many forms, including neglect, physical abuse, sexual abuse, emotional abuse, failure to supervise, and exploitation. Child abuse laws vary from state to state and are usually located in a state’s family code and criminal or penal code.
In South Dakota, child abuse is defined and governed by both the state's family code and criminal statutes. According to South Dakota Codified Laws (SDCL), child abuse includes physical, sexual, emotional abuse, neglect, or exploitation of a child under the age of 18 by a parent, guardian, or caregiver. Neglect refers to the failure to provide necessary food, clothing, shelter, or medical care, while physical abuse involves inflicting physical harm or injury. Sexual abuse includes acts or attempted acts of sexual exploitation or molestation, and emotional abuse refers to harm to a child's psychological or intellectual functioning. The state mandates that certain professionals, such as teachers and healthcare providers, must report suspected child abuse to authorities. Failure to report can result in penalties. When abuse is reported, the Department of Social Services may intervene to investigate and, if necessary, take protective action, which can include removing the child from the home. Criminal charges for perpetrators of child abuse can range from misdemeanors to felonies, depending on the severity of the abuse.