Abused Child
State's Attorney, Aaron McGowan

Child Abuse

The Minnehaha County State's Attorney's Office actively

and aggressively prosecutes sexual offenses as well as the abuse of children. If you have any questions regarding whether you have been a victim or if you are aware of the abuse of a child, please do not hesitate to call the Sioux Falls Police Department (367-7000), the Minnehaha County Sheriff's Office (367-4300), the Minnehaha County State's Attorney's Office (367-4226) or the Department of Social Services (367-5444). We would be happy to answer any of your questions or concerns.

 

Any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner which does not constitute Aggravated Assault has committed the crime of child abuse. Under S.D.C.L. 22-8-5, however, to use or attempt to offer to use force upon or toward the person of another is not unlawful if

committed by a parent or the authorized agent of any parent, or by any guardian, teacher or other school official, in exercise of a lawful authority to restrain or correct his child or ward and if restraint or correction has been rendered necessary by the misconduct of such child or ward, or by his refusal to obey the lawful command of such parent, or authorized agent, guardian, teacher or other school, and the force used is reasonable in manner and moderate in degree.

 

Under S.D.C.L. 22-8-5, however, to use or attempt to offer to use force upon or toward the person of another is not unlawful if committed by a parent or the authorized agent of any parent, or by any guardian, teacher or other school official, in exercise of a lawful authority to restrain or correct his child or ward and if restraint or correction has been rendered necessary by the misconduct of such child or ward, or by his refusal to obey the lawful command of such parent, or authorized agent, guardian, teacher or other school, and the force used is reasonable in manner and moderate in degree.

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