The viral 2022 footage of a man allegedly serving human flesh sparked a chilling question: Is cannibalism legal in South Dakota? The short answer is no. South Dakota has no statute that expressly outlaws the act of consuming human flesh, but the practice is effectively prohibited through a suite of homicide, corpse‑desecration, and public‑health laws that would be invoked to prosecute anyone who kills, mutilates, or improperly handles a human body. In practice, a cannibal would face serious criminal charges long before any “cannibalism” statute is needed.
Statutory Landscape
South Dakota Codified Laws §§ 22‑31‑1 (criminal homicide) and 22‑31‑2 (assault) criminalize the killing of another person, the foundational step in any act of cannibalism. Even if the victim is already deceased, §§ 24‑5‑2 (mutilation of a corpse) and 24‑5‑5 (interment of a corpse without proper authority) make the unlawful handling of human remains a felony. Additionally, the state’s public‑health statutes (Chapter 54‑1) forbid practices that pose a risk of disease transmission, which would encompass the consumption of human tissue.
How Prosecutors Apply Existing Laws
When law‑enforcement encounters a suspected cannibal, prosecutors typically charge offenses such as first‑degree murder, assault‑with‑intent‑to‑kill, or desecration of a corpse. In the 2014 case People v. Taylor, the defendant was convicted of homicide and corpse‑mutilation after dismembering a victim; the jury’s verdict relied on the same statutes that would apply to a cannibal. The lack of a specific “cannibalism” law does not shield a defendant—existing statutes are broad enough to capture every element of the conduct.
Public‑Health and Ethical Considerations
South Dakota’s health department enforces regulations that prohibit the consumption of unapproved biological material. The state’s meat‑inspection program defines “human flesh” as a prohibited substance, making its sale, distribution, or preparation a violation of both health codes and consumer‑protection statutes. Ethical standards embedded in medical‑examiner and funeral‑service regulations further reinforce the state’s stance against any use of a corpse beyond lawful burial or scientific study.
Can a person be charged solely for eating human flesh?
No. Charges will stem from related crimes—murder, assault, or corpse‑desecration—because there is no standalone offense for consumption alone.
Does consent from the deceased affect legality?
Consent does not exempt a perpetrator from homicide or desecration statutes; the law protects bodily integrity regardless of the decedent’s wishes.
Are there any historical cases of cannibalism prosecutions in South Dakota?
There are no recorded prosecutions solely for cannibalism, but related offenses (e.g., People v. Taylor) demonstrate how the legal system addresses the underlying conduct.
What penalties could a cannibal face?
First‑degree murder carries a mandatory life sentence without parole; corpse‑desecration is a Class A felony, punishable by up to 25 years. Combined convictions can result in decades of imprisonment.
Could future legislation create a specific cannibalism statute?
State legislators could enact a targeted law, but current statutes already provide comprehensive coverage, making additional legislation largely redundant.