Probate Code
All states have statutes that protect elder adults from abuse, neglect, and exploitation. These laws typically create a framework for reporting and investigation of such abuse, neglect and exploitation as well as procedures for protection of the elder adult. These laws typically require reporting of known or suspected abuse, neglect, or exploitation either by all persons or an enumerated list of professionals.
States take varied approaches to dealing with elder abuse under their criminal laws. Some states prosecute the crimes under their general criminal statutes such as assault, battery, fraud, and theft; other states enhance the penalties for crimes if they were committed against elderly individuals; and other states have criminal laws that specifically address and criminalize elder abuse.
Note that many states also have separate laws that specifically address elder financial exploitation and address mistreatment of elderly individuals in residential care facilities. These laws are not covered here.
South Dakota law provides reporting, investigative, and protective services for abused, neglected, or exploited vulnerable adults. The law requires that enumerated persons who know or have reasonable cause to suspect that an elder or adult with a disability has been or is being abused, neglected, or exploited, report such knowledge or suspicion orally or in writing, within 24 hours, to the state’s attorney of the county in which the elder or adult with a disability resides or is present, to the Department of Human Services, or to a law enforcement officer. The law defines relevant terms as follows:
“Adult with a disability,” means a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect himself or herself or provide for his or her own care.
“Elder,” means a person 65 years of age or older.
“Emotional and psychological abuse,” means a caretaker’s willful, malicious, and repeated infliction of: (a) A sexual act or the simulation of a sexual act directed at and without the consent of the elder or adult with a disability that involves nudity or is obscene; (b) Unreasonable confinement; (c) Harm or damage or destruction of the property of an elder or adult with a disability, including harm to or destruction of pets; or (d) Ridiculing or demeaning conduct, derogatory remarks, verbal harassment, or threats to inflict physical or emotional and psychological abuse, directed at an elder or adult with a disability.
“Exploitation,” means the wrongful taking or exercising of control over property of an elder or adult with a disability with intent to defraud the elder or adult with a disability.
“Neglect,” means harm to the health or welfare of an elder or an adult with a disability, without reasonable medical justification, caused by a caretaker, within the means available for the elder or adult with a disability, including the failure to provide adequate food, clothing, shelter, or medical care.
“Physical abuse,” means physical harm, bodily injury, attempt to cause physical harm or injury, or fear of imminent physical harm or bodily injury.
It is a crime under South Dakota law to emotionally, physically, or psychologically abuse an elder adult or an adult with disability. Depending on the circumstances, it may be a misdemeanor or felony.