Does the South Dakota Athletic Commission have any authority to regulate slap fighting events in the state?

Plain-English summary

Slap fighting is a fast-growing combat sport where two competitors stand across from each other and take turns delivering full-power open-handed slaps to the face. No gloves, no helmets, no defense. The Nevada Athletic Commission concluded that slap fighting fell under Nevada's "unarmed combat" definition and asserted regulatory jurisdiction. The South Dakota Athletic Commission got similar inquiries and asked Governor Noem to seek the AG's opinion on SD's authority.

AG Marty Jackley concluded the SD Athletic Commission has no jurisdiction over slap fighting.

The Commission's authority comes from SDCL 42-12-9, which authorizes it to regulate "contests and exhibitions of boxing, kickboxing, and mixed martial arts competitions and sparring exhibitions." That's the universe. Slap fighting has to fit one of those four categories or it doesn't fit.

The AG walked through each statutory definition:

• Boxing under SDCL 42-12-7.1(3) is "the sport or practice of fighting with fists in which participants wear boxing gloves." Slap fighting uses open hands, not fists, and no boxing gloves. Not boxing.

• Kickboxing under SDCL 42-12-7.1(4) is "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." Slap fighting has no gloves, no punches, no kicks. Not kickboxing.

• Mixed martial arts under SDCL 42-12-7.1(5) is "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." Slap fighting does inflict blows that can stun or disable opponents. But the statute requires the techniques to come from boxing, kickboxing, wrestling, grappling, or other martial arts. Slap fighting isn't any of those. The AG looked up dictionary definitions of wrestling ("two competitors attempt to unbalance, control, or immobilize each other by various holds and maneuvers"), grappling ("clutching or gripping"), and martial arts ("arts of self-defense, such as aikido, judo, karate, or tae kwon do") and concluded slap fighting doesn't fit any of them either.

Result: the Commission can't regulate slap fighting. If the Legislature wants slap fighting regulated, it has to amend chapter 42-12 to add the sport.

The opinion is a clean example of why statutory definitions matter. Combat sports regulation in many states has had to play catch-up as new fighting formats invent themselves. SD's statute was written for the established combat sports of the 1980s and 1990s; slap fighting in 2023 sits outside it.

What this means for you

For the SD Athletic Commission and Department of Labor staff

You can't issue licenses, sanction events, set safety rules, require medical screening, or impose penalties for slap fighting events. If a promoter approaches the Commission asking for licensing, the right answer is "we have no jurisdiction here, see SDCL 42-12-9 and AG Opinion 23-02." You can communicate the regulatory gap to legislators but cannot fill it administratively.

For slap fighting promoters in or considering SD

Slap fighting events in SD are not subject to Athletic Commission oversight. That cuts both ways. There is no required licensing, medical clearance, or sanctioning fee. There is also no built-in regulatory layer that limits liability exposure. You're operating outside the framework that protects boxing/MMA promoters in the state, and your venue, insurance, and tort exposure analysis should reflect that.

For combat sports athletes considering slap fighting

The lack of Athletic Commission oversight means no required medical screening, no neutral referee training standards, no per-event safety protocols. If you participate, you're doing so without the protections that boxing, kickboxing, MMA, and sparring exhibitions have. Make your own decisions about pre-event physicals, post-event monitoring, and personal injury insurance.

For venue operators

A slap fighting event held at your venue is not regulated under chapter 42-12. Your own venue insurance and liability protections become the principal safety/legal framework for the event. Consult counsel before agreeing to host.

For sports regulation attorneys

This opinion is the controlling statement of SD law on slap fighting until the Legislature acts. If the Legislature adds slap fighting in a future session, the opinion's effect ends. Track legislative session bills affecting chapter 42-12.

For state legislators interested in this area

The AG opinion identifies a gap. If you think slap fighting events should be regulated like other combat sports (for participant safety, medical screening, event promotion accountability), introduce a bill amending SDCL 42-12-7.1 to add slap fighting to the statutory definitions, or amending SDCL 42-12-9 to extend the Commission's jurisdiction. Many states have done this in the last two years; SD's framework still lags.

For SD residents thinking about safety risks

The state isn't regulating slap fighting. If you attend a slap fighting event as a spectator, your safety relies on the venue and promoter, not on a state regulator. The participants are taking on their own injury risk without the safety net that other combat sports have.

Common questions

Q: Could the Athletic Commission claim jurisdiction by interpretation, the way Nevada did?
A: Nevada's statute uses an "unarmed combat" definition that's broader than SD's. SD's statute lists specific sports (boxing, kickboxing, MMA, sparring exhibitions) rather than a general "unarmed combat" category, so there's no broad category for slap fighting to fall under. The AG is stuck with the specific list the Legislature wrote.

Q: Is slap fighting illegal in SD?
A: Not as a result of this opinion. The opinion only addresses the Athletic Commission's jurisdiction. General assault law would apply if anyone is hurt outside a consensual contest, just as for any other physical activity. Spectators paying to watch a consensual event is not by itself unlawful. Local zoning, alcohol laws, and crowd control rules still apply to any event.

Q: What about Power Slap or other organized slap fighting leagues?
A: The AG opinion didn't single out any specific league. The reasoning is general: slap fighting as a category doesn't fit the SD statutory definitions. A specific organized league would be in the same regulatory position as an unorganized event.

Q: Could the Legislature regulate slap fighting?
A: Yes. The AG opinion explicitly says, "At this time, the Legislature has not authorized the Commission to regulate slap fighting contests or exhibitions in the State." Adding it to the definitions or to the Commission's jurisdiction is a legislative choice.

Q: What about an event that mixed slap fighting with regulated combat sports?
A: A hybrid event with some MMA rounds and some slap fighting rounds would have the MMA portion within the Commission's jurisdiction and the slap fighting portion outside. The promoter would need to obtain Commission licensing for the regulated portion and operate the slap fighting portion outside that framework.

Q: Does this affect insurance for slap fighting events?
A: Insurance companies underwriting a slap fighting event need to know that the event isn't subject to Athletic Commission safety oversight in SD. Underwriters may price or restrict coverage accordingly.

Q: What about youth slap fighting?
A: The opinion doesn't address age limits or youth participation. General SD law on minors and assault/consent issues would apply. Schools and youth sports organizations setting their own rules can prohibit slap fighting independently.

Background and statutory framework

South Dakota's Athletic Commission is a state body that licenses and regulates combat sports under SDCL Chapter 42-12. The statutory framework was last substantially revised in 2007 to address MMA, which had emerged as a significant combat sport over the previous decade. The structure follows the pattern of many state combat-sports laws: a Commission with enumerated jurisdiction over specific named sports, with statutory definitions of each sport.

Slap fighting emerged as a major combat sport around 2018-2022, led by the Polish KSW promotion and then the US-based Power Slap League. Events filled arenas and drew streaming audiences. Several state athletic commissions have grappled with whether to assert jurisdiction. Nevada said yes in 2023 and began licensing events. Other states have said no, citing the lack of statutory hook.

The AG opinion's analytical move is straightforward statutory construction. The statute names specific sports, not a general "unarmed combat" category. The named sports have definitions that don't include slap fighting. The Commission has only the authority the Legislature gave it. The dictionary detour (looking up "wrestling," "grappling," "martial arts") was necessary because the MMA definition cross-references those categories.

The result is the regulatory gap. SD slap fighting events can happen without state oversight; the Legislature has the power to close the gap when it chooses.

Citations and references

Statutes:
- SDCL Chapter 42-12 (Athletic Commission)
- SDCL 42-12-7.1(3), (4), (5) (boxing, kickboxing, MMA definitions)
- SDCL 42-12-9 (Commission jurisdiction)

Cases:
- 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." Wrestling, American Heritage Dictionary, https://www.ahdictionary.com/word/search.html?q=wrestling (last visited 05/26/2023). Grappling is defined as "a struggle or contest in which the participants attempt to wrestle with each other by clutching or gripping." Grapple, American Heritage Dictionary, https://www.ahdictionary.com/word/search.html?q=grapple com (last visited 05/26/2023).

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." Martial arts, American Heritage Dictionary, https://www.ahdictionary.com/word/search.html?q=martial+arts com (last visited 05/26/2023). 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 [tha]t 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