South Dakota Code § 22-42-23

Controlled Substance--Pregnancy--Assault
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If a woman who was pregnant at the time of an alleged violation of §

22-42-5

or

22-42-5

.1 provides evidence that she:

(1)

Received adequate prenatal care from a licensed health care professional during her pregnancy;

(2)

Actively enrolled in an addiction recovery program before the child was born;

(3)

Remained in the program after delivery; and

(4)

Completed the addiction recovery program,

the state shall dismiss the charge.

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