Does South Dakota's Athletic Commission have legal authority to regulate slap fighting contests (where two competitors trade open-hand blows to the face)?

Plain-English summary

Governor Kristi Noem asked the AG whether the South Dakota Athletic Commission had legal authority to regulate slap fighting events. Slap fighting is a relatively new combat sport: two competitors stand opposite each other, no gloves or headgear, and take turns delivering open-handed strikes to the face. The Nevada Athletic Commission had decided slap fighting fit Nevada's definition of "unarmed combat" and pulled it under regulatory authority. The South Dakota Commission was getting inquiries about its own jurisdiction.

AG Marty Jackley said no. SDCL 42-12-9 limits the Commission's authority to "boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions." The opinion walks through each definition:

• Boxing (SDCL 42-12-7.1(3)): "fighting with fists in which participants wear boxing gloves." Slap fighting uses neither fists nor gloves. Not boxing.
• Kickboxing (SDCL 42-12-7.1(4)): boxing-style punches in gloves plus kicks from bare feet. No kicks, no gloves, no punches. Not kickboxing.
• Mixed martial arts (SDCL 42-12-7.1(5)): kicks, punches, blows, holds, and other techniques to injure or incapacitate, drawing on boxing, kickboxing, wrestling, grappling, or other martial arts. Slap fighting has open-hand strikes only, no wrestling, no grappling, no martial-art system. Not MMA.

Since slap fighting falls into none of the three categories the legislature put under the Commission, the Commission has no jurisdiction. The opinion is a textbook gap-in-the-statute analysis: the AG cannot expand the Commission's authority beyond what the legislature wrote.

The practical effect is unregulated combat. Slap fighting contests can be held in South Dakota without medical screening, injury reporting, safety protocols, or licensing. That is uncomfortable for a contact sport with documented concussion risks, but the AG opinion does not have an enforcement remedy. The fix is legislative.

What this means for you

If you work for the South Dakota Athletic Commission

The opinion tells the Commission it has no jurisdiction over slap fighting under current law. SDCL 42-12-9 grants authority over boxing, kickboxing, and mixed martial arts contests and sparring exhibitions, and the AG concluded slap fighting fits none of those statutory definitions. The Commission cannot license, sanction, or set contest rules for slap fighting events unless and until the legislature grants that authority.

If you promote or organize slap fighting contests

Per this opinion, slap fighting contests are not within the Athletic Commission's regulatory reach, so the Commission's licensing requirements and contest rules do not apply to them under current law. The opinion does not address any other body of law (insurance, local ordinances, criminal law, or liability), so it is not a statement that such contests are otherwise unregulated or free of legal exposure.

If you are a state legislator

The opinion notes that "the Legislature has not authorized the Commission to regulate slap fighting contests or exhibitions in the State." If South Dakota wants the sport brought under the Commission, that requires legislative action, either adding slap fighting to the categories in SDCL 42-12-9 or to the definitions in SDCL 42-12-7.1. The opinion contrasts South Dakota's named-category approach with Nevada, where the Athletic Commission concluded slap fighting fell under Nevada's broader "unarmed combat" definition.

Common questions

Q: What exactly is slap fighting?
A: A combat sport in which two unarmed, ungloved competitors stand opposite each other and take turns striking each other on the face with an open hand. The competitor receiving the blow cannot defend; they must take the strike. Rounds continue until a knockout, technical knockout, or judges' decision.

Q: Why doesn't slap fighting count as "boxing"?
A: SDCL 42-12-7.1(3) defines boxing as fighting with fists in which participants wear boxing gloves. Slap fighting uses open hands (not fists) and no gloves. It fails both elements of the boxing definition.

Q: What about "unarmed combat" as in Nevada's framework?
A: South Dakota's framework lists specific categories (boxing, kickboxing, MMA) rather than a general "unarmed combat" category. The AG cannot import Nevada's definition; only the legislature can.

Q: Is slap fighting illegal in South Dakota?
A: The opinion does not address criminal law. It speaks only to whether the Athletic Commission has regulatory jurisdiction, and concludes it does not. Any criminal-law question is outside its scope.

Q: Can a city or county regulate slap fighting?
A: The opinion does not address local regulation. It is limited to the scope of the state Athletic Commission's statutory authority.

Q: Could the Athletic Commission regulate slap fighting voluntarily, even without legislative authority?
A: No. The Commission's authority is statutory under SDCL 42-12-9. It cannot expand its own jurisdiction beyond what the legislature has granted. The AG's strict-construction reading binds the Commission to the listed categories.

Q: Does this opinion bind future AGs?
A: AG opinions are not binding precedent. A future AG could revisit if facts (or statutes) change. Most likely, however, this opinion stands until the legislature amends SDCL chapter 42-12.

Background and statutory framework

The South Dakota Athletic Commission was created to regulate combat sports for public safety reasons: medical screening of participants, standardized contest rules, ringside medical presence, and licensing of promoters. Its jurisdictional grant in SDCL 42-12-9 limits authority to "boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions."

According to the opinion's facts, the South Dakota Commission had fielded inquiries about its authority over slap fighting, and the Nevada Athletic Commission had determined the sport met Nevada's statutory definition of "unarmed combat" and fell under Nevada jurisdiction. Governor Noem then requested this opinion.

The AG's analysis uses standard plain-language statutory construction (Olson, Goetz, Wintersteen Revocable Trust): when statutory language is clear and unambiguous, it is applied as written. SDCL 42-12-9 lists boxing, kickboxing, and mixed martial arts, and the AG worked through each definition in SDCL 42-12-7.1 to conclude slap fighting fits none of them. Because the statute lists specific categories and slap fighting fits none, the AG declined to read in a fourth category and noted that the legislature has not authorized the Commission to regulate the sport.

Citations and references

Statutes:
- SDCL 42-12-9 (Athletic Commission jurisdiction)
- SDCL 42-12-7.1(3) (boxing definition)
- SDCL 42-12-7.1(4) (kickboxing definition)
- SDCL 42-12-7.1(5) (mixed martial arts definition)

Cases on statutory interpretation:
- Olson v. Butte County Commission, 2019 S.D. 13, 925 N.W.2d 463
- Goetz v. State, 2001 S.D. 138, 636 N.W.2d 675
- In re Wintersteen Revocable Trust Agreement, 2018 S.D. 12, 907 N.W.2d 785

Source

• Landing page: https://atg.sd.gov/OurOffice/OfficialOpinions/opinionhtml.aspx?id=1760
• Original PDF: https://atg.sd.gov/OfficialOpinions/August%2024%202023%20ltr.%20MJJ%20Official%20Opinion%2023-02.pdf

Original opinion text

OFFICIAL OPINION No. 23-02

Re: Regulation of Slap Fighting Contests by the South Dakota Athletic Commission

Dear Governor Noem,

As Governor of the State of South Dakota you have requested an official opinion from the Attorney General's Office on the following question:

QUESTION:

Does the South Dakota Athletic Commission have jurisdiction to regulate slap fighting contests or exhibitions?

ANSWERS:

No, the South Dakota Athletic Commission does not have jurisdiction to regulate slap fighting contests or exhibitions under current state law.

FACTS:

Slap fighting is held out as a combat sport were participants, wearing no gloves or protective headgear, trade open hand blows to the face. The Nevada Athletic Commission determined that slap fighting met the Nevada statutory definition of unarmed combat, and concluded it fell under the jurisdiction of the Nevada Commission. The South Dakota Athletic Commission has fielded inquiries regarding its jurisdiction and authority to regulate slap fighting contests in South Dakota.

IN RE QUESTION:

Based upon the above facts, you have asked whether the South Dakota Athletic Commission (Commission) has jurisdiction to regulate slap fighting contests or exhibitions?

The Commission is vested with the authority to regulate all "contests and exhibitions of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions held in the State[.]" SDCL 42-12-9.

When interpreting a statute to determine its meaning, "'the language expressed in the statute is the paramount consideration.'" Olson v. Butte County Commission, 2019 S.D. 13, ¶ 5, 925 N.W.2d 463, 464 (quoting Goetz v. State, 2001 S.D. 138, ¶ 15, 636 N.W.2d 675, 681). "When the language in a statute is clear, certain and unambiguous, there is no reason for construction[.]" In re Wintersteen Revocable Trust Agreement, 2018 S.D. 12, ¶ 12, 907 N.W.2d 785, 789 (internal citations omitted). When the intent of the statutory language is unclear, "the intent of the [L]egislature is derived from the plain, ordinary and popular meaning of the statutory language." Id.

Based upon the unambiguous language of SDCL 42-12-9, slap fighting must fall within the statutory definitions of either boxing, kickboxing, or mixed martial arts for the Commission to have authority to regulate slap fighting contests or exhibitions.

"Boxing" is defined by state law as "the sport or practice of fighting with fists in which participants wear boxing gloves." SDCL 42-12-7.1(3). I conclude, based upon this definition, that slap fighting cannot be considered boxing under State law. Slap fighting does not involve the use of fists, and slap fighting participants generally do not wear boxing gloves.

"Kickboxing" is statutorily defined as "the sport of attack and defense in which participants wear boxing gloves and throw punches as in boxing and kick with bare feet as in karate." SDCL 42-12-7.1(4). As with boxing, I conclude slap fighting does not meet the statutory definition of kickboxing. Again, slap fighting does not generally involve the use of boxing gloves. Slap fighting also does not involve the "[throwing of] punches as in boxing" or "kick[ing] with bare feet as in karate." Id.

"Mixed martial arts" is defined as "the sport of fighting in which participants inflict or employ kicks, punches, blows, holds, and other techniques to injure, stun, choke, incapacitate, or disable an opponent, using a combination of boxing, kickboxing, wrestling, grappling, or other martial arts." SDCL 42-12-7.1(5). As established above, slap fighting does not meet the statutory definition of boxing or kickboxing. Wrestling is commonly defined as "a sport in which two competitors attempt to unbalance, control, or immobilize each other by various holds and maneuvers." Grappling is defined as "a struggle or contest in which the participants attempt to wrestle with each other by clutching or gripping."

The act of slapping another individual with an open hand blow does not meet the generally accepted definition of wrestling or grappling. "Martial art[s]" are defined as "the arts of self-defense, such as aikido, judo, karate, or tae kwon do, often practiced as sports." In comparison to those sports traditionally considered to be martial arts, I conclude slap fighting is not a "martial art" as that term is used in SDCL 42-12-7.1(5). While slap fighting participants inflict blows upon each other to incapacitate or disable their opponent, I conclude these blows are not delivered using a combination of "boxing, kickboxing, wrestling, grappling, or other martial arts." Id. As such, slap fighting is not a mixed martial art as defined by state law.

CONCLUSION

I conclude that slap fighting does not meet the definition of any of the fighting styles referenced in SDCL 42-12-9. As such, the Commission does not have the authority to regulate slap fighting contests or exhibitions in South Dakota. At this time, the Legislature has not authorized the Commission to regulate slap fighting contests or exhibitions in the State.

Sincerely,

Marty J. Jackley

ATTORNEY GENERAL

MJJ/SRB/dd