State of South Dakota  
EIGHTY-THIRD SESSION
LEGISLATIVE ASSEMBLY, 2008  

129P0429   SENATE BILL   NO.   86  

Introduced by:     Senators Smidt (Orville), Bartling, and Hunhoff and Representatives Glenski, Pitts, and Tidemann
 

         FOR AN ACT ENTITLED, An Act to  prohibit and establish a penalty for hazing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  For purposes of this Act, the term, hazing, means any activity by which a person intentionally or recklessly endangers the physical or mental health or safety of an individual for the purpose of initiation into, admission into, affiliation with, or continued membership with any organization or group. Hazing activity includes whipping; beating; branding; forced and prolonged calisthenics or physical activity; prolonged exposure to the elements; forced consumption of any food, liquor, beverage, drug, or other substance; prolonged sleep deprivation; or any brutal treatment or the performance of any unlawful act that endangers the physical or mental health or safety of any person.
     Section 2.  It is unlawful to commit the offense of hazing. Notwithstanding any provisions to the contrary, consent is not a defense to a prosecution pursuant to this Act. Any person who commits the offense of hazing is guilty of a Class 2 misdemeanor. If the offense results in physical injury, the offense is a Class 1 misdemeanor.

250 copies of this document were printed by the South Dakota
Legislative Research Council at a cost of $.04 per page.   		.
  		Insertions into existing statutes are indicated by underscores.
Deletions from existing statutes are indicated by overstrikes.