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South Dakota law defines adultery as "voluntary sexual intercourse between a married person and someone of the opposite sex who to whom he or she is not married." (S.D. Codified Laws § 25-4-3 (2021).) Adultery Laws Apply to Same-Sex Couples, Too.
Since 1935, this tort has been abolished in 42 states. Alienation is, however, still recognized in Hawaii, Illinois, North Carolina, Mississippi, New Mexico, South Dakota, and Utah.
To prove alienation of affection, you must show your marriage was loving. You can do this with letters, photos, witnesses, and other similar evidence. You also must show the defendant actively and purposefully interfered with your spouse's affection for you and caused your spouse to become alienated from you.
In South Dakota, the statute of limitation for collection of an open account or breach of contract is six (6) years. South Dakota Codified Laws (SDCL) §15-2-13. An action for a breach of contract on a sale of goods under the Uniform Commercial Code must be commenced within four (4) years. SDCL §57A-2- 725.
The success of these cases depends on various factors, including jurisdiction, evidence, and the interpretation of the law by the judge. While there have been instances where plaintiffs have achieved favorable outcomes, the overall success rate of alienation of affection cases can vary widely.
22-18-35. Disorderly conduct--Misdemeanor. (4) Obstructing vehicular or pedestrian traffic; is guilty of disorderly conduct.
?But South Dakota law protects a person whose marriage is wrongfully interfered with.? Alienation of affection, in theory, protects a spouse from a philanderer who intentionally seduces his or her mate. And while many states have judicially or legislatively done away with it, it's not stuck in the 18th Century.
For the purposes of this chapter, harasses means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose.