The way that proposed South Dakota law reads as of today, it sure looks like it ignores the possibility of legal abortion:

http://legis.state.sd.us/sessions/2011/Bill.aspx?File=HB1171HJU.htm

       FOR AN ACT ENTITLED, An Act to expand the definition of justifiable homicide to provide for the protection of certain unborn children.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

    Section 1. That § 22-16-34 be amended to read as follows:
    22-16-34. Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to harm the unborn child of such person in a manner and to a degree likely to result in the death of the unborn child, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is.

    Section 2. That § 22-16-35 be amended to read as follows:
    22-16-35. Homicide is justifiable if committed by any person in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant, or the unborn child of any such enumerated person, if there is reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished.


Current South Dakota law says:

22-16-34.   Justifiable homicide--Resisting attempted murder--Resisting felony on person or in dwelling house. Homicide is justifiable if committed by any person while resisting any attempt to murder such person, or to commit any felony upon him or her, or upon or in any dwelling house in which such person is.

22-16-35.   Justifiable homicide--Defense of person--Defense of other persons in household. Homicide is justifiable if committed by any person in the lawful defense of such person, or of his or her husband, wife, parent, child, master, mistress, or servant if there is reasonable ground to apprehend a design to commit a felony, or to do some great personal injury, and imminent danger of such design being accomplished.

This definition of "Fetal homicide", which excludes abortion, already exists.

22-16-1.1.   Fetal homicide--Felony--Application. Homicide is fetal homicide if the person knew, or reasonably should have known, that a woman bearing an unborn child was pregnant and caused the death of the unborn child without lawful justification and if the person:    (1)   Intended to cause the death of or do serious bodily injury to the pregnant woman or the unborn child; or
(2)   Knew that the acts taken would cause death or serious bodily injury to the pregnant woman or her unborn child; or
(3)   If perpetrated without any design to effect death by a person engaged in the commission of any felony.
Fetal homicide is a Class B felony.
This section does not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, lawful or unlawful, to which the pregnant woman consented. (emphasis mine)

Given that last note on the definition of fetal homicide, legally, it looks to me like a "justifiable homicide" defense in the case of murder of an abortion provider would not stand. I'm not a lawyer, nor do I play one on TV, but if I was on a jury I wouldn't stand for it.

~ Becky in Tucson