S.D. Codified Laws » S.D. Codified Laws / Title 26 / Chapter 9
South Dakota Codified Laws

S.D. Codified Laws § 26-9-1 (2026)

Contributing to abuse, neglect, or delinquency or causing child to become child in need of supervision as misdemeanor.

✓ current as of May 2026
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26-9-1. Contributing to abuse, neglect, or delinquency or causing child to become child in need of supervision as misdemeanor.

Any person who, by any act, causes, encourages, or contributes to the abuse, the neglect, or the delinquency of a child, or any person, other than a parent who, by any act, causes a child to become a child in need of supervision, as such phrases with reference to children are defined by chapters 26-7A, 26-8A, 26-8B, and 26-8C, or who is, in any manner, responsible therefor, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 43.9901; SL 1988, ch 214; SL 1993, ch 206, § 1.

Notes of Decisions
Cited in 12 cases, 1972–2019 · leading case: Grievance of Wendell v. South Dakota Dep't of Transp., 1998 SD 130 (S.D. 1998).
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Grievance of Wendell v. South Dakota Dep't of Transp., 1998 SD 130 (S.D. 1998). · cites it 4× “1 In April, pursuant to a plea agreement, he pleaded guilty to the reduced charge of contributing to the abuse or delinquency of a minor in violation of SDCL 26-9-1, a Class 1 misdemeanor. As part of the agreement, the grand jury transcript was used as the factual basis for his…”
State v. McVay, 2000 SD 72 (S.D. 2000). · cites it 4× “SDCL 26-9-1 provides: Any person who, by any act, causes, encourages or contributes to the abuse, *575 the neglect or the delinquency of a child, or any person, other than a parent who, by any act, causes a child to become a child in need of supervision, as such phrases with…”
Ibarra v. Holder, Jr., 736 F.3d 903 (10th Cir. 2013). “, S.D. Codified Laws § 26-9-1 (any person "other than a parent” can be guilty of causing, encouraging or contributing to the "abuse, neglect, or delinquency of any child.”
Matter of Discipline of Bergren, 455 N.W.2d 856 (S.D. 1990). · cites it 2× “When a lawyer provides alcohol to a minor, and then initiates a kiss, the offense may rise to the Class 1 misdemeanor of contributing to the delinquency of a minor, SDCL 26-9-1, an offense which involves moral turpitude.”
State v. Livingood, 2018 SD 83 (S.D. 2018). “" SDCL 26-9-1. The definition of abuse or neglect in this paradigm includes situations where a child "is subject to sexual abuse, sexual molestation, or sexual exploitation by the child's parent, guardian, custodian, or any other person responsible for the child's care[.”
State v. Sonen, 492 N.W.2d 303 (S.D. 1992). · cites it 2× “On March 18, 1991, Sonen was indicted for three counts of sexual contact with a child under age sixteen (SDCL 22-22-7) [1] and three counts of contributing to the *304 delinquency of a minor (SDCL 26-9-1). His jury trial took place on July 18 and 19, 1991.”
State v. Herrlein, 424 N.W.2d 376 (S.D. 1988). · cites it 2× “Subsequently, and while on probation, he apparently was charged by information in Brule County, South Dakota (another judicial circuit) with two counts of contributing to the delinquency of minors (SDCL 26-9-1) and one count of having an open container of alcohol in a motor…”
Hunter v. S.D. Dept. of Soc. Servs., 377 F. Supp. 3d 964 (2019). “Based on law enforcement's investigation on February 22, 2017, Hunter was indicted and charged with possession of a controlled substance, a class 5 felony, and contributing to the abuse, neglect, and delinquency of a child under SDCL § 26-9-1, which is a class 1 misdemeanor.”
State v. Goff, 195 N.W.2d 521 (S.D. 1972). “SDCL 26-9-1 declares any person who contributes to the delinquency of a child shall be guilty of a misdemeanor, and § 26-9-9 declares that chapter shall not be construed to be inconsistent with any law providing for the punishment of taking indecent liberties with children,…”
Hunter v. South Dakota Dept. of Soc. Servs. (D.S.D. 2019). · cites it 2× “28-2 at 27, but this fact is not material to whether summary judgment should Based on law enforcement’s investigation on February 22, 2017, Hunter was indicted and charged with possession of a controlled substance, a class 5 felony, and contributing to the abuse, neglect, and…”
Wendall v. State, 1998 SD 130 (S.D. 1998). · cites it 4× “(fn1) In April, pursuant to a plea agreement, he pleaded guilty to the reduced charge of contributing to the abuse or delinquency of a minor in violation of SDCL 26-9-1, a Class 1 misdemeanor. As part of the agreement, the grand jury transcript was used as the factual basis for…”
Ibarra v. Holder, Jr., 721 F.3d 1157 (10th Cir. 2013). “, S.D. Codified Laws § 26-9-1 (any person "other than a parent” can be guilty of causing, encouraging or contributing to the "abuse, neglect, or delinquency of any child.”
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