South Dakota2026Active
HB1274
Ban on Selling or Advertising Items for Unlawful Abortions
Last scannedAug 25, 2026, 3:29 AM
In one sentence
This law makes it a crime to knowingly sell, give away, or advertise items meant for an unlawful abortion and allows the state attorney general to charge civil fines.
What it does
- Makes it illegal to knowingly dispense, distribute, sell, or advertise articles designed for producing an abortion if that abortion is unlawful under existing law.
- Defines prohibited items as things intended for abortions or anything described in a way meant to lead someone to use them for an abortion.
- Sets the penalty for breaking this rule at a Class 6 felony charge.
- Allows the attorney general to collect civil fines of up to $10,000 for each violation.
- Requires that collected civil penalties be sent to the state treasurer and placed in the life protection subfund within the extraordinary litigation fund.
- Gives the attorney general power to ask a court for an order to stop someone from breaking this law.
Who it affects
- Any person who knowingly sells, distributes, or advertises items intended for unlawful abortions
- The South Dakota Attorney General
- Circuit courts in the county where the violator lives or does business, or in Hughes County
Limits and unknowns
- The official text does not state when this law officially takes effect.
- The definition of unlawful abortion refers to another section of law and only explicitly mentions saving the life of the pregnant female as an exception in the provided text.
Plain language
Terms to know
- Unlawful abortion
- An abortion that is not allowed by law unless a doctor judges it necessary to preserve the life of the pregnant female.
- Class 6 felony
- A serious crime under South Dakota state law with specific criminal penalties.
- Civil penalty
- A fine paid to the government for breaking a rule, separate from jail time or other criminal punishments.
Official record
Sources
Official summary
prohibit the dispensing, distribution, sale, or advertisement of certain articles or things for purposes of an unlawful abortion and provide a criminal and civil penalty therefor.
Official activity
Bill history
- Signed by the Governor