SDCL T. 22, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-1-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-1. Definitions and General Provisions

22-1-1. Common-law rule of strict construction abrogated


The rule of the common law that penal statutes are to be strictly construed has no application to this title. All its criminal and penal provisions and all penal statutes shall be construed according to the fair import of their terms, with a view to effect their objects and promote justice.


CREDIT(S)


Source: SDC 1939, § 13.0101; SL 1977, ch 189, § 1; SL 2005, ch 120, § 356.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-1-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-1. Definitions and General Provisions

22-1-2. Definition of terms


Terms used in this title mean:


(1) If applied to the intent with which an act is done or omitted:


(a) The words, “malice, maliciously,” and all derivatives thereof import a wish to intentionally vex, annoy, or injure another person, established either by proof or presumption of law;


(b) The words, “intent, intentionally,” and all derivatives thereof, import a specific design to cause a certain result or, if the material part of a charge is the violation of a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, a specific design to engage in conduct of that nature;


(c) The words, “knowledge, knowingly,” and all derivatives thereof, import only a knowledge that the facts exist which bring the act or omission within the provisions of any statute. A person has knowledge if that person is aware that the facts exist which bring the act or omission within the provisions of any statute. Knowledge of the unlawfulness of such act or omission is not required;


(d) The words, “reckless, recklessly,” and all derivatives thereof, import a conscious and unjustifiable disregard of a substantial risk that the offender's conduct may cause a certain result or may be of a certain nature. A person is reckless with respect to circumstances if that person consciously and unjustifiably disregards a substantial risk that such circumstances may exist;


(e) The words, “neglect, negligently,” and all words derived thereof, import a want of attention to the nature or probable consequences of an act or omission which a prudent person ordinarily bestows in acting in his or her own concerns;


(f) If the section defining an offense provides that negligence suffices to establish an element thereof, then recklessness, knowledge, intent, or malice also constitutes sufficient culpability for such element. If recklessness suffices to establish an element of the offense, then knowledge, intent or malice also constitutes sufficient culpability for such element. If knowledge suffices to establish an element of an offense, then intent or malice also constitutes sufficient culpability for such element. If intent suffices to establish an element of an offense, then malice also constitutes sufficient culpability for such element;


(2) “Actor,” the person who takes the active part in a transaction;


(3) “Affirmative defense,” an issue involving an alleged defense to which, unless the state's evidence raises the issue, the defendant, to raise the issue, must present some credible evidence. If the issue involved in an affirmative defense is raised, then the guilt of the defendant must be established beyond a reasonable doubt as to that issue as well as all other elements of the offense;


(4) “Antique firearm,” any firearm, including any firearm with a matchlock, flintlock, percussion cap or similar type of ignition system, manufactured before 1899, and any replica of any firearm described in this section if such replica is not designed or redesigned for using rimfire or conventional centerfire fixed ammunition or if it uses rimfire or conventional centerfire fixed ammunition which is no longer manufactured in the United States and which is not readily available in the ordinary channels of commercial trade;


(5) “Check,” any check, draft, order or other commercial device which orders a financial institution to pay a sum certain of money on its presentment;


(6) “Concealed,” any firearm that is totally hidden from view. If any part of the firearm is capable of being seen, it is not concealed;


(7) “Consideration,” any type of property or thing of legal value, whether delivered in the past, present or to be delivered in the future. The term includes an unfulfilled promise to deliver. The term may include an advantage or benefit to the promisor or a loss or detriment to the promisee. Any amount, advantage or inconvenience, no matter how trifling, is sufficient to constitute consideration;


(8) “Controlled weapon” includes any firearm silencer, machine gun, or short shotgun, as those terms are defined in subdivisions (17), (23), and (46) of this section;


(9) “Crime of violence,” any of the following crimes or an attempt to commit, or a conspiracy to commit, or a solicitation to commit any of the following crimes: murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree, arson, kidnapping, felony sexual contact as defined in § 22-22-7, felony child abuse as defined in § 26-10-1, or any other felony in the commission of which the perpetrator used force, or was armed with a dangerous weapon, or used any explosive or destructive device;


(10) “Dangerous weapon” or “deadly weapon,” any firearm, stun gun, knife, or device, instrument, material, or substance, whether animate or inanimate, which is calculated or designed to inflict death or serious bodily harm, or by the manner in which it is used is likely to inflict death or serious bodily harm;


(11) “Dealer in stolen property,” any person who:


(a) Is found in possession or control of property stolen from two or more persons on separate occasions; or


(b) Has received stolen property in another transaction within the year preceding the commencement of the prosecution; or


(c) Trades in property similar to the type of stolen property received and acquires such property for a consideration which that person knows is substantially below its reasonable value;


(12) “Deprive,” to take or to withhold property of another or to dispose of property of another so as to make it unlikely that the owner will receive it;


(13) “Destructive device,”


(a) Any bomb, grenade, explosive missile, or similar device or any launching device therefor; or


(b) Any breakable container which contains a flammable liquid with a flashpoint of one hundred and fifty degrees Fahrenheit or less and has a wick or similar device capable of being ignited;


(c) The term does not include “permissible fireworks,” defined by § 34-37-5; any device which is neither designed nor redesigned for use as a weapon; any device, although originally designed for use as a weapon, which is redesigned for use as a signaling, pyrotechnic, line throwing, safety or similar device; surplus ordnance sold, loaned or given by the secretary of the army pursuant to the provisions of 10 U.S.C. §§ 4684(2), 4685, or 4686; or any other device which is an antique or is a rifle which the owner intends to use solely for sporting purposes;


(14) “Explosive,” any substance, or combination of substances, that is used for the purpose of detonation and which, upon exposure to any external or internal force or condition, is capable of a relatively instantaneous release of gas and heat. The term does not include “permissible fireworks,” as defined by § 34-37-5;


(15) “Financial institution,” a bank, insurance company, credit union, savings and loan association, investment trust, or other organization held out to the public as a place of deposit of funds or medium of savings or collective investment;


(16) “Firearm,” any weapon from which a projectile or projectiles may be discharged by gunpowder. As used in this subdivision, the term, gunpowder, includes any propellant that upon oxidization emits heat and light and is commonly used in firearms cartridges;


(17) “Firearm silencer,” any instrument, attachment, weapon or appliance for causing the firing of any gun, revolver, pistol, or other firearm to be silent, or intended to lessen or muffle the noise of the firing of any such weapon;


(18) “Government,” the United States, any state, county, municipality, school district, or other political unit, or any department, agency, or subdivision of any of the foregoing, or any corporation or other association carrying out the functions of any of the foregoing;


(19) “Immediate family,” any spouse, child, parent, or guardian of the victim;


(20) “Insanity,” the condition of a person temporarily or partially deprived of reason, upon proof that at the time of committing the act, the person was incapable of knowing its wrongfulness, but not including an abnormality manifested only by repeated unlawful or antisocial behavior;


(21) “Intoxication,” a disturbance of mental or physical capacities resulting from the introduction of substances into the body. Intoxication is not, in itself, a mental disease or defect;


(22) “Law enforcement officer,” any officer, prosecutor, or employee of the state or any of its political subdivisions or of the United States, or, while on duty, an agent or employee of a railroad or express company or security personnel of an airline or airport, who is responsible for the prevention, detection, or prosecution of crimes, for the enforcement of the criminal or highway traffic laws of the state, or for the supervision of confined persons or those persons on supervised release or probation;


(23) “Machine gun,” any firearm, whatever its size and usual designation, that automatically discharges two or more cartridges by a single function of the firing device;


(24) “Mental illness,” any substantial psychiatric disorder of thought, mood or behavior which affects a person at the time of the commission of the offense and which impairs a person's judgment, but not to the extent that the person is incapable of knowing the wrongfulness of such act. Mental illness does not include abnormalities manifested only by repeated criminal or otherwise antisocial conduct;


(25) “Moral turpitude,” an act done contrary to justice, honesty, principle, or good morals, as well as an act of baseness, vileness, or depravity in the private and social duties which a person owes to his fellow man or to society in general;


(26) “Motor vehicle,” any automobile, motor truck, motorcycle, house trailer, trailer coach, cabin trailer, or any vehicle propelled by power other than muscular power;


(27) “Obtain,”


(a) In relation to property, to bring about a transfer or purported transfer of a legal interest in the property, whether to the actor or another; or


(b) In relation to labor or service, to secure performance thereof;


(28) “Occupied structure,” any structure:


(a) Which is the permanent or temporary habitation of any person, whether or not any person is actually present;


(b) Which at the time is specially adapted for the overnight accommodation of any person, whether or not any person is actually present; or


(c) In which at the time any person is present;


(29) “Offense” or “public offense,” any crime, petty offense, violation of a city or county ordinance, or act prohibited by state or federal law;


(30) “Pass,” to utter, publish or sell or to put or send forth into circulation. The term includes any delivery of a check to another for value with intent that it shall be put into circulation as money;


(31) “Person,” any natural person, unborn child, association, limited liability company, corporation, firm, organization, partnership, or society. If the term is used to designate a party whose property may be the subject of a crime or petty offense, it also includes the United States, any other country, this state, and any other state or territory of the United States, and any of their political subdivisions, agencies, or corporations;


(32) “Pistol,” any firearm with a barrel less than sixteen inches in length, designed to expel a projectile or projectiles by the action of an explosive;


(33) “Private place,” a place where one may reasonably expect to be safe from casual or hostile intrusion or surveillance, but does not include a place to which the public or a substantial group thereof has access;


(34) “Process,” any writ, warrant, summons, or order issued in the course of judicial proceedings;


(35) “Property,” anything of value, including, but not limited to, motor vehicles, real estate, tangible and intangible personal property, contract rights, choses-in-action, and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, food and drink, electric or other power, services, and signatures which purport to create, maintain, or extinguish any legal obligation;


(36) “Property of another,” property in which any person other than the actor has an interest upon which the actor is not privileged to infringe, regardless of the fact that the actor also has an interest in the property and regardless of the fact that the other person might be precluded from civil recovery because the property was used in an unlawful transaction or was subject to forfeiture as contraband. Property in possession of an actor may not be deemed property of another who has only a security interest therein, even if legal title is in the creditor pursuant to a conditional sales contract or other security agreement;


(37) “Public employee,” any person employed by the state or any of its political subdivisions, who is not a public officer;


(38) “Public office,” the position held by a public officer or employee;


(39) “Public officer,” any person who holds a position in the state government or in any of its political subdivisions, by election or appointment, for a definite period, whose duties are fixed by law, and who is invested with some portion of the sovereign functions of government;


(40) “Public record,” any official book, paper, or record created, received, or used by or in any office or agency of the state or of any of its political subdivisions;


(41) “Publish,” to disseminate, circulate or place before the public in any way, other than by speech which is not mechanically or electronically amplified;


(42) “Receive,” to acquire possession, control or title, or to lend or borrow on the security of the property;


(43) “Service,” labor that does not include a tangible commodity. The term includes, but is not limited to: labor; professional advice; telephone, cable television and other utility service; accommodations in hotels, restaurants or elsewhere; admissions to exhibits and entertainments; the use of machines designed to be operated by coin or other thing of value; and the use of rental property;


(44) “Seller,” any person or employee engaged in the business of selling pistols at retail;


(44A) “Serious bodily injury,” such injury as is grave and not trivial, and gives rise to apprehension of danger to life, health, or limb;


(45) “Short rifle,” any rifle having a barrel less than sixteen inches long, or an overall length of less than twenty-six inches;


(46) “Short shotgun,” any shotgun having a barrel less than eighteen inches long or an overall length of less than twenty-six inches;


(47) “Signature,” any name, mark or sign written with intent to authenticate any instrument or writing;


(48) Deleted by SL 2005, ch 120, § 357


(49) “Structure,” any house, building, outbuilding, motor vehicle, watercraft, aircraft, railroad car, trailer, tent, or other edifice, vehicle or shelter, or any portion thereof;


(50) “Stun gun,” any battery-powered, pulsed electrical device of high voltage and low or no amperage that can disrupt the central nervous system and cause temporary loss of voluntary muscle control of a person;


(50A) “Unborn child,” an individual organism of the species homo sapiens from fertilization until live birth;


(51) “Unoccupied structure,” any structure which is not an occupied structure;


(52) “Vessel,” if used with reference to shipping, any ship of any kind and every structure adapted to be navigated from place to place;


(53) “Victim,” any natural person against whom the defendant in a criminal prosecution has committed or attempted to commit a crime;


(54) “Voluntary intoxication,” intoxication caused by substances that an actor knowingly introduces into his or her body, the tendency of which is to cause intoxication;


(55) “Written instrument,” any paper, document, or other instrument containing written or printed matter or the equivalent thereof, used for purposes of reciting, embodying, conveying, or recording information, and any money, credit card, token, stamp, seal, badge, trade mark, service mark or any evidence or symbol of value, right, privilege or identification, which is capable of being used to the advantage or disadvantage of some person.


CREDIT(S)


Source: Preliminary clause: SDC 1939, § 13.0102; SL 1976, ch 158, § 1-1; SL 1977, ch 189, § 2; SL 1994, ch 351, § 41. Subd. (1): SDC 1939, § 13.0102 (1); SL 1976, ch 158, § 1-1 (1); SL 1977, ch 189, § 3; SL 1978, ch 158, § 1; SL 2005, ch 120, § 357. Subds. (2), (3): SL 1976, ch 158, § 1-1 (2), (3). Subd. (4): SL 1985, ch 190, § 3. Subd. (5): SL 1976, ch 158, § 1-1 (5); SL 2005, ch 120, § 357. Subd. (6): SL 1985, ch 190, § 4. Subd. (7): SL 1976, ch 158, § 1-1 (6). Subd. (8): SL 1976, ch 158, § 14-1; SL 1977, ch 189, § 4; SL 2005, ch 120, § 357. Subd. (9): SL 1976, ch 158, § 1-1 (7); SL 1977, ch 189, § 5; 1 158, § 2; SL 1978, ch 169, § 9; SL 1988, ch 185; SL 1992, ch 165; SL 2001, ch 145, § 2; SL 2002, ch 102, § 1; SL 2005, ch 120, § 357; SL 2007, ch 141, § 1. Subd. (10): SL 1976, ch 158, § 1-1 (8); SL 2005, ch 120, § 357. Subd. (11): SL 1976, ch 158, § 30A-1 (1); SL 1977, ch 189, § 6; SL 2005, ch 120, § 357. Subd. (12): SL 1976, ch 158, § 30A-1 (2). Subd. (13): SL 1972, ch 140, § 1 (a); SDCL Supp, § 22-14A-1 1976, ch 158, § 1-1 (9); SL 1977, ch 189, § 7. Subd. (14): SL 1972, ch 140, § 1 (b), (c); SDCL Supp, §§ 22 22-14A-3; SL 1976, ch 158, § 1-1 (10). Subd. (15): SL 1976, ch 158, § 1-1 (11). Subd. (16): SL 1976, ch 158, § 1-1 (12); SL 1977, ch 189, § 8; SL 2005, ch 120, § 357. Subd. (17): SL 1976, ch 158, § 14-1 (1). Subd. (18): SL 1976, ch 158, § 30A-1 (3). Subd. (19): SL 1986, ch 192, § 2; SL 2005, ch 120, § 357. Subd. (20): SL 1983, ch 174, § 2; SL 2005, ch 120, § 357. Subd. (21): SL 1976, ch 158, § 1-1 (14). Subd. (22): SL 1976, ch 158, § 1-1 (15); SL 1977, ch 189, § 9; SL 2005, ch 120, § 357; SL 2011, ch 114, § 1. Subd. (23): SL 1976, ch 158, § 14-1 (2); SL 1977, ch 189, § 10 Subd. (24): SL 1976, ch 158, § 1-1 (16); SL 1977, ch 189, § 11; SL 1983, ch 174, § 1; SL 2005, ch 120, § 357. Subd. (25): SL 1976, ch 158, § 1-1 (17). Subd. (26): SL 1976, ch 158, § 1-1 (18); SL 1977, ch 189, § 12; SL 2005, ch 120, § 357. Subd. (27): SL 1976, ch 158, § 30A-1 (4). Subds. (28) to (30): SL 1976, ch 158, § 1-1 (19) to (21). Subd. (31): SDC 1939, § 13.0102 (4); SL 1976, ch 158, § 1-1 (22); SL 1995, ch 122, § 2; SL 2005, ch 120, § 357. Subds. (32) to (35): SL 1976, ch 158, § 1-1 (23) to (26); SL 2005, ch 120, § 357. Subd. (36): SL 1976, ch 158, § 30A-1 (5); SL 2005, ch 120, § 357. Subds. (37) to (41): SL 1976, ch 158, § 1-1 (27) to (31); SL 2005, ch 120, § 357. Subd. (42): SL 1976, ch 158, § 30A-1 (6). Subd. (43): SL 1976, ch 158, § 1-1 (32); SL 1977, ch 189, § 13. Subd. (44): SL 1985, ch 190, § 5. Subd. (44A): SL 2005, ch 120, § 114. Subd. (45): SL 1976, ch 158, § 14-1 (3); SL 2005, ch 120, § 357. Subd. (46): SL 1976, ch 158, § 14-1 (4); SL 2005, ch 120, § 357. Subd. (47): SDC 1939, § 13.0102 (5); SL 1976, ch 158, § 1-1 (32); SL 2005, ch 120, § 357. Subd. (48): SL 1976, ch 158, § 30A-1 (7); SL 2005, ch 120, § 357. Subd. (49): SL 1976, ch 158, § 1-1 (33); SL 2005, ch 120, § 357. Subd. (50): SL 1985, ch 175, § 1. Subd. (50A): SL 1995, ch 122, § 1. Subd. (51): SL 1976, ch 158, § 1-1 (34). Subd. (52) SDC 1939, § 13.0102 (6); SL 1976, ch 158, § 1-1 (35); SL 2005, ch 120, § 357. Subd. (53): SL 1986, ch 192, § 2. Subd. (54): SL 1976, ch 158, § 1-1 (36); SL 2005, ch 120, § 357. Subd. (55): SDC 1939, § 13.4102; SDCL § 22-39-34; SL 1976, ch 158, § 1980, ch 264, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10


© 2013 by the State of South Dakota



SDCL § 22-1-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-1. Definitions and General Provisions

22-1-3. Repealed by SL 2005, ch 120, § 358, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-1-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-1. Definitions and General Provisions

22-1-4. Felony and misdemeanor distinguished


Any crime is either a felony or a misdemeanor. A felony is a crime which is or may be punishable by imprisonment in the state penitentiary. Every other crime is a misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.0103; SL 1976, ch 158, § 1-7; SL 2005, ch 120, § 359.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-1-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-1. Definitions and General Provisions

22-1-5. Repealed by SL 1977, ch 189, § 126


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-1-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-1. Definitions and General Provisions

22-1-6. Performance of required act by another


No person may be convicted for the failure to perform an act if the act has been performed by another person, acting on the other person's behalf, who is competent by law to perform it.


CREDIT(S)


Source: SDC 1939, § 13.0106; SL 1976, ch 158, § 1-4; SL 2005, ch 120, § 360.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-1-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-1. Definitions and General Provisions

22-1-7. Completion of crime involving dispatch of letter


In the various cases in which the sending of a letter is made criminal by the statutes of this state, the offense is deemed complete from the time when such letter is deposited in any post office or any other place or delivered to any person with intent that it be forwarded.


CREDIT(S)


Source: SDC 1939, § 13.0107; SL 1976, ch 158, § 1-8; SL 2005, ch 120, § 361.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-1-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-1. Definitions and General Provisions

22-1-8. Act not deemed criminal unless prohibited by statute


No act or omission may be deemed criminal or punishable except as prescribed or authorized by this title or by some other statute of this state.


CREDIT(S)


Source: SDC 1939, § 13.0103; SL 2005, ch 120, § 362.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-1-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-1. Definitions and General Provisions

22-1-9. Official possession of prohibited objects permitted


If the possession of an object is made an offense, no law enforcement officer may be convicted of that offense if that law enforcement officer came into and retained possession of that object in the course of performing official duties.


CREDIT(S)


Source: SL 1976, ch 158, § 1-5; SL 2005, ch 120, § 363.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-1-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-1. Definitions and General Provisions

22-1-10 to 22-1-12. Transferred to §§ 23A-28C-7 to 23A-28C-9 by SL 2005, ch 120, § 366, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-1-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-1. Definitions and General Provisions

22-1-10 to 22-1-12. Transferred to §§ 23A-28C-7 to 23A-28C-9 by SL 2005, ch 120, § 366, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-1-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-1. Definitions and General Provisions

22-1-10 to 22-1-12. Transferred to §§ 23A-28C-7 to 23A-28C-9 by SL 2005, ch 120, § 366, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-2, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-2. Remedies Other Than Criminal Prosecution


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-2-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-2. Remedies Other Than Criminal Prosecution (Refs & Annos)

22-2-1. Civil remedy not affected by failure to affirm civil liability


The omission to specify or affirm in this title any liability to any damages, penalty, forfeiture, or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding for any act or omission declared punishable in this title does not affect any right to recover or enforce the same.


CREDIT(S)


Source: SDC 1939, § 13.0110; SL 2005, ch 120, § 367.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-2-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-2. Remedies Other Than Criminal Prosecution (Refs & Annos)

22-2-2. Remedies against public officer not affected by failure to specify forfeiture


The omission to specify or affirm in this title any ground of forfeiture of a public office or other trust or special authority conferred by law to impeach, remove, depose, or suspend any public officer or other person holding any trust, appointment, or other special authority conferred by law does not affect such forfeiture or power or any proceeding authorized by law to carry into effect such impeachment, removal, deposition, or suspension.


CREDIT(S)


Source: SDC 1939, § 13.0111.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-2-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-2. Remedies Other Than Criminal Prosecution (Refs & Annos)

22-2-3. Acts punishable under law of different sovereign


No act or omission declared punishable by any statute of this state is less so because it is also punishable under the laws of another state, government, or country, unless the contrary is expressly declared by statute.


CREDIT(S)


Source: SDC 1939, § 13.0108; SL 2005, ch 120, § 368.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-2-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-2. Remedies Other Than Criminal Prosecution (Refs & Annos)

22-2-4. Acts punishable by military authorities


This title does not affect any power conferred by law upon any court martial or other military authority or officer to impose or inflict punishment upon offenders.


CREDIT(S)


Source: SDC 1939, § 13.0112.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-2-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-2. Remedies Other Than Criminal Prosecution (Refs & Annos)

22-2-5. Power to punish by contempt


This title does not affect any power conferred by law upon any public body, tribunal, or officer to impose or inflict punishment for a contempt.


CREDIT(S)


Source: SDC 1939, § 13.0112.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-2-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-2. Remedies Other Than Criminal Prosecution (Refs & Annos)

22-2-6. Acts declared criminal as also punishable by contempt


No criminal act is less punishable as a crime because it is also declared to be punishable as contempt.


CREDIT(S)


Source: SDC 1939, § 13.0109; SL 2005, ch 120, § 369.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-2-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-2. Remedies Other Than Criminal Prosecution (Refs & Annos)

22-2-7. Repealed by SL 1976, ch 158, § 2-1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-3, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-3. Parties to Crimes


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-3-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-3. Parties to Crimes (Refs & Annos)

22-3-1. Persons capable of committing crimes--Exceptions


Any person is capable of committing a crime, except those included in the following classes:


(1) Any child under the age of ten years;


(2) Any child of the age of ten years , but under the age of fourteen years, in the absence of proof that at the time of the committing the act or neglect charged, the child knew its wrongfulness;


(3) Any person who committed the act or made the omission charged under ignorance or mistake of fact which disproves any criminal intent. However, ignorance of the law does not excuse a person from punishment for its violation;


(4) Any person who committed the act charged without being conscious thereof; or


(5) Any person who committed the act or made the omission charged while under involuntary subjection to the power of superiors.


CREDIT(S)


Source: SDC 1939, § 13.0201; SL 1968, ch 28, §§ 1, 2; SL 1976, ch 158, §§ 3-1, 3-5; SL 1983, ch 174, § 3; SL 1985, ch 192, § 10; SL 2005, ch 120, § 370.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-3-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-3. Parties to Crimes (Refs & Annos)

22-3-1.1. Voluntary consumption of alcohol or controlled substance not causing insanity


No person who is under the influence of voluntarily consumed or injected alcohol or controlled substances at the time of committing the act charged is for that reason insane.


CREDIT(S)


Source: SL 1983, ch 174, § 4; SL 2005, ch 120, § 371.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-3-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-3. Parties to Crimes (Refs & Annos)

22-3-2. Repealed by SL 1976, ch 158, § 3-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-3-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-3. Parties to Crimes (Refs & Annos)

22-3-3. Aiding, abetting or advising--Accountability as principal


Any person who, with the intent to promote or facilitate the commission of a crime, aids, abets, or advises another person in planning or committing the crime, is legally accountable, as a principal to the crime.


CREDIT(S)


Source: SDC 1939, § 13.0203; SL 1976, ch 158, § 3-2; SL 2005, ch 120, § 372.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-3-3.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-3. Parties to Crimes (Refs & Annos)

22-3-3.1. Distinction between accessory before the fact and principal abrogated


The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated. Any person connected with the commission of a felony, whether that person directly commits the act constituting the offense or aids and abets in its commission, though not present, shall be prosecuted, tried, and punished as a principal.


CREDIT(S)


Source: SDC 1939 & Supp 1960, § 34.0504; SDCL § 23-10-3; SL 1978, ch 185, § 2; SL 2005, ch 120, § 373.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-3-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-3. Parties to Crimes (Refs & Annos)

22-3-4. Repealed by SL 1976, ch 158, § 3-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-3-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-3. Parties to Crimes (Refs & Annos)

22-3-5. Accessories to crime--Misdemeanors excepted


A person is an accessory to a crime, if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a felony, that person renders assistance to the other person. There are no accessories to misdemeanors.


The term, render assistance, means to:


(1) Harbor or conceal the other person;


(2) Warn the other person of impending discovery or apprehension, other than a warning given in an effort to bring the other person into compliance with the law;


(3) Provide the other person with money, transportation, a weapon, a disguise, or any other thing to be used in avoiding discovery or apprehension;


(4) Obstruct anyone by force, intimidation, or deception in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person; or


(5) Conceal, destroy, or alter any physical evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person.


A violation of this section is a Class 5 felony.


CREDIT(S)


Source: SDC 1939, § 13.0203; SL 1976, ch 158, § 3-3; SL 2005, ch 120, § 374.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-3-5.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-3. Parties to Crimes (Refs & Annos)

22-3-5.1. Accessory punishable though principal not tried or acquitted


An accessory to the commission of a felony may be prosecuted, tried, and punished, even if the principal is not prosecuted or tried, or even if the principal was acquitted.


CREDIT(S)


Source: SDC 1939 & Supp 1960, § 34.0505; SDCL § 23-10-5; SL 1978, ch 185, § 3; SL 2005, ch 120, § 375.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-3-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-3. Parties to Crimes (Refs & Annos)

22-3-6, 22-3-7. Repealed by SL 1976, ch 158, § 3-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-3-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-3. Parties to Crimes (Refs & Annos)

22-3-6, 22-3-7. Repealed by SL 1976, ch 158, § 3-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-3-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-3. Parties to Crimes (Refs & Annos)

22-3-8. Conspiracy to commit offense--Punishment


If two or more persons conspire, either to commit any offense against the State of South Dakota, or to defraud the State of South Dakota, or any county, township, school district, or municipal corporation in any manner or for any purpose, and one or more of the parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy is guilty of conspiracy and may be punished up to the maximum penalty which may be imposed for a crime which is one level below the penalty prescribed for the crime underlying the conspiracy. However, it is not a crime to conspire to commit a Class 2 misdemeanor or a petty offense.


CREDIT(S)


Source: SL 1941, ch 45, § 1; SDC Supp 1960, § 13.0306; SL 1976, ch 158, § 3-4; SL 2005, ch 120, § 376.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-3-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-3. Parties to Crimes (Refs & Annos)

22-3-9. Liability to punishment for act outside state aiding injury within state


Any person who, while out of the state, causes, aids, advises, or encourages another person to injure any person or property in this state by means of any act or neglect which is a crime in this state, is liable to punishment under the laws of this state.


CREDIT(S)


Source: SDC 1939, § 13.0602 (4); SDCL § 23-9-15; SL 1978, ch 185, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-4, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-4. Attempts to Commit Crime


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-4-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-4. Attempts to Commit Crime (Refs & Annos)

22-4-1. Attempt--Punishment


Unless specific provision is made by law, any person who attempts to commit a crime and, in the attempt, does any act toward the commission of the crime, but fails or is prevented or intercepted in the perpetration of that crime, is punishable for such attempt at maximum sentence of one-half of the penalty prescribed for the underlying crime. However, any person who attempts to commit a Class A, Class B, or Class C felony is guilty of a Class 2 felony.


CREDIT(S)


Source: SDC 1939, § 13.0401; SL 1972, ch 137; SL 1976, ch 158, § 4-1; SL 2005, ch 120, § 377.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-4-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-4. Attempts to Commit Crime (Refs & Annos)

22-4-2. Attempt resulting in commission of other crime


The provisions of § 22-4-1 do not protect a person who, in attempting unsuccessfully to commit a crime, commits another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.


CREDIT(S)


Source: SDC 1939, § 13.0402; SL 2005, ch 120, § 378.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-4A, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-4A. Solicitation


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-4A-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-4A. Solicitation (Refs & Annos)

22-4A-1. Criminal solicitation--Penalty


Any person who, with the intent to promote or facilitate the commission of a crime, commands, hires, requests, or solicits another person to engage in specific conduct which would constitute the commission of such offense or an attempt to commit such offense, is guilty of criminal solicitation.


Criminal solicitation is a:


(1) Class 1 felony if the offense solicited is a Class A, B or C felony;


(2) Class 2 felony if the offense solicited is a Class 1 felony;


(3) Class 3 felony if the offense solicited is a Class 2 felony;


(4) Class 4 felony if the offense solicited is a Class 3 felony;


(5) Class 5 felony if the offense solicited is a Class 4 felony;


(6) Class 6 felony if the offense solicited is a Class 5 felony; or


(7) Class 1 misdemeanor if the offense solicited is a Class 6 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 438.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-4A-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-4A. Solicitation (Refs & Annos)

22-4A-2. Fact offense not committed or attempted not a defense


It is not a defense to prosecution for criminal solicitation that the person solicited neither committed or attempted to commit the offense solicited nor was capable of committing or attempting to commit the offense solicited.


CREDIT(S)


Source: SL 2005, ch 120, § 439.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-4A-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-4A. Solicitation (Refs & Annos)

22-4A-3. Proof required for conviction of criminal solicitation


No person may be convicted of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited, and there must be proof of circumstances corroborating both the solicitation and the defendant's intent.


CREDIT(S)


Source: SL 2005, ch 120, § 440.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-4A-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-4A. Solicitation (Refs & Annos)

22-4A-4. Renunciation of criminal intent--Requirements


No person may be convicted of criminal solicitation if, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, the defendant:


(1) Notified the person solicited of his or her renunciation; and


(2) Gave timely and adequate warning to the law enforcement authorities or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited.


The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.


CREDIT(S)


Source: SL 2005, ch 120, § 441.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-5, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-5. Defenses


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-5-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-5. Defenses (Refs & Annos)

22-5-1. Conduct forced or under threat of force


No person may be convicted of a crime based upon conduct in which that person engaged because of the use or threatened use of unlawful force upon himself, herself, or another person, which force or threatened use of force a reasonable person in that situation would have been lawfully unable to resist.


CREDIT(S)


Source: SDC 1939, § 13.0501; SL 1976, ch 158, § 5-1; SL 1977, ch 189, § 14; SL 1978, ch 158, § 3; SL 2005, ch 120, § 379.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-5-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-5. Defenses (Refs & Annos)

22-5-2 to 22-5-4. Repealed by SL 1976, ch 158, § 5-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-5-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-5. Defenses (Refs & Annos)

22-5-2 to 22-5-4. Repealed by SL 1976, ch 158, § 5-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-5-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-5. Defenses (Refs & Annos)

22-5-2 to 22-5-4. Repealed by SL 1976, ch 158, § 5-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-5-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-5. Defenses (Refs & Annos)

22-5-5. Voluntary intoxication--Crimes involving motive or intent


No act committed by a person while in a state of voluntary intoxication may be deemed less criminal by reason of such condition. But if the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time in determining the purpose, motive, or intent with which the accused committed the act.


CREDIT(S)


Source: SDC 1939, § 13.0504; SL 2005, ch 120, § 380.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-5-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-5. Defenses (Refs & Annos)

22-5-6. Repealed by SL 1976, ch 158, § 5-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-5-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-5. Defenses (Refs & Annos)

22-5-7. Morbid propensity to commit crime


A morbid propensity to commit prohibited acts existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of such acts forms no defense to a prosecution therefor.


CREDIT(S)


Source: SDC 1939, § 13.0505; repealed SL 1976, ch 158, § 5-2; re-enacted SL 1977, ch 189, § 15.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-5-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-5. Defenses (Refs & Annos)

22-5-8. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-5-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-5. Defenses (Refs & Annos)

22-5-9. Resistance to public offenses permitted


Any person may lawfully resist, by force or violence, the commission of any public offense as follows:


(1) Any person, upon reasonable apprehension of threat of bodily injury, may make sufficient resistance to prevent an offense against his or her person or the person of any family or household member, or to prevent an illegal attempt by force to take or injure property in his or her lawful possession; and


(2) Any person may make sufficient resistance in aid or defense of any other person, threatened with bodily injury, to prevent such offense.


CREDIT(S)


Source: SDC 1939 & Supp 1960, § 34.0101; SDCL § 23-13-3; SL 1978, ch 185, § 4; SL 2005, ch 120, § 382; SL 2006, ch 116, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-5-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-5. Defenses (Refs & Annos)

22-5-10. Insanity as affirmative defense--Burden of proof


Insanity is an affirmative defense to a prosecution for any criminal offense. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence.


CREDIT(S)


Source: SL 1985, ch 192, § 11.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-6, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-6. Authorized Punishments


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-1. Felony classes and penalties--Restitution--Habitual criminal sentences


Except as otherwise provided by law, felonies are divided into the following nine classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:


(1) Class A felony: death or life imprisonment in the state penitentiary. A lesser sentence than death or life imprisonment may not be given for a Class A felony. In addition, a fine of fifty thousand dollars may be imposed;


(2) Class B felony: life imprisonment in the state penitentiary. A lesser sentence may not be given for a Class B felony. In addition, a fine of fifty thousand dollars may be imposed;


(3) Class C felony: life imprisonment in the state penitentiary. In addition, a fine of fifty thousand dollars may be imposed;


(4) Class 1 felony: fifty years imprisonment in the state penitentiary. In addition, a fine of fifty thousand dollars may be imposed;


(5) Class 2 felony: twenty-five years imprisonment in the state penitentiary. In addition, a fine of fifty thousand dollars may be imposed;


(6) Class 3 felony: fifteen years imprisonment in the state penitentiary. In addition, a fine of thirty thousand dollars may be imposed;


(7) Class 4 felony: ten years imprisonment in the state penitentiary. In addition, a fine of twenty thousand dollars may be imposed;


(8) Class 5 felony: five years imprisonment in the state penitentiary. In addition, a fine of ten thousand dollars may be imposed; and


(9) Class 6 felony: two years imprisonment in the state penitentiary or a fine of four thousand dollars, or both.


The court, in imposing sentence on a defendant who has been found guilty of a felony, shall order in addition to the sentence that is imposed pursuant to the provisions of this section, that the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28.


Nothing in this section limits increased sentences for habitual criminals under §§ 22-7-7, 22-7-8, and 22-7-8.1.


CREDIT(S)


Source: SDC 1939, § 13.0606; SL 1976, ch 158, §§ 6-1, 6-4; SL 1977, ch 189, § 16; SL 1978, ch 158, § 4; SL 1979, ch 160, § 1; SL 1980, ch 173, § 8; SL 1985, ch 192, § 2; SL 1997, ch 143, § 5; SL 2005, ch 120, § 148.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-1.1. Sentence to jail in lieu of penitentiary in minor felonies


If a person is convicted of a Class 5 or Class 6 felony, the court may sentence the person so convicted to imprisonment in the county jail of the county where such person was convicted, for a term of not more than one year.


CREDIT(S)


Source: SDC 1939, § 13.0604; SL 1963, ch 55; SDCL § 23-48-20; SL 1978, ch 185, § 16; SL 1989, ch 192, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-1.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-1.2. Minimum sentence for subsequent felony sex crime conviction


If an adult has a previous conviction for a felony sex crime as defined by § 22-24B-1, any subsequent felony conviction for a sex crime as defined by subdivisions 22-24B-1(1) to (15), inclusive, and (19) shall result in a minimum sentence of imprisonment equal to the maximum term allowable under § 22-6-1, up to twenty-five years. The court may suspend a portion of the prison sentence required under this section.


CREDIT(S)


Source: SL 2006, ch 121, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-2. Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed


Misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:


(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both;


(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both.


The court, in imposing sentence on a defendant who has been found guilty of a misdemeanor, shall order, in addition to the sentence that is imposed pursuant to the provisions of this section, that the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28.


Except in Titles 1 to 20, inclusive, 22, 25 to 28, inclusive, 32 to 36, inclusive, 40 to 42, inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the performance of an act is prohibited by a statute, and no penalty for the violation of such statute is imposed by a statute, the doing of such act is a Class 2 misdemeanor.


CREDIT(S)


Source: SDC 1939, §§ 13.0105, 13.0607; SDCL § 22-1-5; SL 1976, ch 158, §§ 1-3, 6-2, 6-5; SL 1977, ch 189, § 17; SL 1978, ch 158, § 5; SL 1985, ch 192, § 3; SL 1989, ch 255, § 2; SL 1990, ch 158, § 1; SL 1991, ch 186, § 2; SL 1991, ch 187, § 4; SL 1991, ch 337, § 1; SL 1992, ch 158, § 1; SL 1993, ch 172, § 1; SL 1994, ch 161; SL 1995, ch 120, § 1; SL 1997, ch 126, § 1; SL 1997, ch 143, § 6; SL 2005, ch 120, § 173.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-3 to 22-6-5. Repealed by SL 1976, ch 158, § 6-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-3 to 22-6-5. Repealed by SL 1976, ch 158, § 6-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-3 to 22-6-5. Repealed by SL 1976, ch 158, § 6-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-5.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-5.1. Double sentence for crime by prisoner-Exception


A court may sentence any person convicted of a crime committed while that person was a prisoner as defined by § 22-11A-1, to a term of not more than twice the maximum term allowed by the statute for the commission of the same crime by a person not so confined. However, the provisions of this section do not apply if, for the same offense, the prisoner is subject to an enhanced penalty as an habitual offender.


CREDIT(S)


Source: SL 1961, ch 50, § 2; SDCL § 23-48-42; SL 1978, ch 185, § 18; SL 2005, ch 120, § 429; SL 2006, ch 117, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-5.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-5.2. Enhanced penalty for second, third, or subsequent violations--Limitation


No enhanced penalty may be imposed for any second, third, or subsequent violation, except for an offense pursuant to the provisions of chapter 32-23, unless the defendant was convicted of or plead guilty or nolo contendere to the prior offense previous in time to committing the relevant second, third, or subsequent offense.


CREDIT(S)


Source: SL 2005, ch 120, § 430; SL 2012, ch 119, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-6. Repealed by SL 2005, ch 120, § 431, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-6.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-6.1. Concurrent or consecutive sentences at discretion of court


If a defendant is convicted of two or more offenses, regardless of when the offenses were committed or when the judgment or sentence is entered, the judgment or sentence may be that the imprisonment on any of the offenses or convictions may run concurrently or consecutively at the discretion of the court.


CREDIT(S)


Source: SDC 1939 & Supp 1960, § 34.3705; SDCL § 23-48-22; SL 1978, ch 185, § 17; SL 1983, ch 175; SL 2001, ch 111, § 1; SL 2005, ch 120, § 432.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-7. Petty offense actions--Procedure


Actions for violations of petty offenses are civil proceedings in which the state is the plaintiff. Such actions are governed by chapter 23-1A.


CREDIT(S)


Source: SL 1976, ch 158, § 6-3; SL 1977, ch 193, § 26; SL 2005, ch 120, § 433.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-8. Restitution to victims at discretion of court


Notwithstanding § 22-6-1 or 22-6-2, if there is an insurer, self insurance, reciprocal insurance, or an insurance pool available to compensate the victim by means of a civil liability determination, the court in imposing sentence on a defendant who has been found guilty of a misdemeanor or felony may order that the defendant make restitution to a victim in accordance with the provisions of chapter 23A-28.


CREDIT(S)


Source: SL 1998, ch 129, § 1; SL 2005, ch 120, § 434.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-9. Protection order in cases of assault or crimes of violence--Affidavit of injury--Procedures


Any person who has suffered physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9) may petition the court for a protection order. The petition shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the injury and the acts which caused the injury. The petition shall be governed by the procedures and penalties described in §§ 22-19A-8 to 22-19A-16, inclusive.


CREDIT(S)


Source: SL 2000, ch 101, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-6-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-6. Authorized Punishments (Refs & Annos)

22-6-10. Application of penalties provided in SL 2005, ch 120 to offenses committed prior to effective date prohibited


Nothing in SL 2005, chapter 120 may be construed to permit the imposition of any lesser or greater penalty that may be provided for in SL 2005, chapter 120 as punishment for any offense which was committed prior in time to July 1, 2006 regardless of when the sentence for such offense may be imposed.


CREDIT(S)


Source: SL 2005, ch 120, § 435.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-7, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-7. Habitual Offenders


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-1 to 22-7-5. Repealed by SL 1976, ch 158, § 7-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-1 to 22-7-5. Repealed by SL 1976, ch 158, § 7-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-1 to 22-7-5. Repealed by SL 1976, ch 158, § 7-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-1 to 22-7-5. Repealed by SL 1976, ch 158, § 7-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-1 to 22-7-5. Repealed by SL 1976, ch 158, § 7-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-6. Repealed by SL 1977, ch 189, § 126


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-7. One or two prior felony convictions--Sentence increased--Limitation--Felony determination


If a defendant has been convicted of one or two prior felonies under the laws of this state or any other state or the United States, in addition to the principal felony, the sentence for the principal felony shall be enhanced by changing the class of the principal felony to the next class which is more severe, but in no circumstance may the enhancement exceed the sentence for a Class C felony. The determination of whether a prior offense is a felony for purposes of this chapter shall be determined by whether the prior offense was a felony under the laws of this state or under the laws of the United States at the time of conviction of such prior offense. For the purpose of this section, if the principal felony is not classified it shall be enhanced to the class which has an equal maximum imprisonment. For the purposes of this section, if the maximum imprisonment for the principal felony falls between two classifications, the principal felony shall be enhanced to the class which has the less severe maximum authorized imprisonment.


CREDIT(S)


Source: SDC 1939, § 13.0611; SDCL § 22-7-1; SL 1976, ch 158, § 7-2; SL 1977, ch 189, § 18; SL 2005, ch 120, § 383.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-8. Three or more additional felony convictions including one or more crimes of violence--Enhancement of sentence


If a defendant has been convicted of three or more felonies in addition to the principal felony and one or more of the prior felony convictions was for a crime of violence as defined in subdivision 22-1-2(9), the sentence for the principal felony shall be enhanced to the sentence for a Class C felony.


CREDIT(S)


Source: SDC 1939, § 13.0611; SDCL § 22-7-1; SL 1976, ch 158, § 7-3; SL 1977, ch 189, § 19; SL 1981, ch 13, § 4; SL 1984, ch 166, § 1; SL 2005, ch 120, § 384.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-8.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-8.1. Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole


If a defendant has been convicted of three or more felonies in addition to the principal felony and none of the prior felony convictions was for a crime of violence as defined in subdivision § 22-1-2(9), the sentence for the principal felony shall be enhanced by two levels but in no circumstance may the enhancement exceed the sentence for a Class C felony. A defendant sentenced pursuant to this section is eligible for consideration for parole pursuant to § 24-15A-32 if the defendant receives a sentence of less than life in prison.


CREDIT(S)


Source: SL 1984, ch 166, § 2; SL 2005, ch 120, § 385; SL 2006, ch 117, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-9. Criteria for consideration of prior convictions


No prior conviction may be considered under either § 22-7-7 or 22-7-8 unless the defendant was, on such prior conviction, discharged from prison, jail, probation, or parole within fifteen years of the date of the commission of the principal offense. Moreover, only one prior conviction arising from the same transaction may be considered.


CREDIT(S)


Source: SL 1976, ch 158, § 7-4; SL 1977, ch 189, § 20; SL 2005, ch 120, § 386.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-10. Duty of law enforcement personnel to report knowledge of prior convictions


Whenever any jailer, warden, or prison, probation, parole, or law enforcement officer has knowledge that any person charged with a felony has been previously convicted within the meaning of this chapter, that person shall provide that information to the state's attorney.


CREDIT(S)


Source: SDC 1939, § 13.0611 (3); SDCL § 22-7-2; SL 1976, ch 158, § 7-8; SL 2005, ch 120, § 387.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-11. Habitual criminal information--Filing--Contents--Proof


Any allegation that a defendant is an habitual criminal shall be filed as a separate information at the time of, or before, arraignment. However, the court may, upon motion, permit the separate information to be filed after the arraignment, but no less than thirty days before the commencement of trial or entry of a plea of guilty or nolo contendre. The information shall state the times, places, and specific crimes alleged to be prior convictions and shall be signed by the prosecutor. An official court record under seal or a criminal history together with fingerprints certified by the public official having custody thereof is sufficient to be admitted in evidence, without further foundation, to prove the allegation that the defendant is an habitual criminal.


CREDIT(S)


Source: SL 1959, ch 234; SDC Supp 1960, § 343009-1; SL 1961, ch 183; SDCL § 23-32-9; SL 1976, ch 158, § 7-5; SL 2004, ch 147, § 1; SL 2005, ch 120, § 388.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-7-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-7. Habitual Offenders (Refs & Annos)

22-7-12. Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial


The defendant shall be apprised of the contents of the habitual offender information and shall receive a copy of it. The habitual offender information may not be divulged to the jury in any manner unless and until the defendant has been convicted of the principal offense.


The defendant shall also be informed of the right to a trial by jury on the issue of whether the defendant is the same person as alleged in the habitual criminal information.


CREDIT(S)


Source: SL 1959, ch 234; SDC Supp 1960, § 34.3009-1; SL 1961, ch 183; SDCL § 23-32-10; SL 1976, ch 158, § 7-6; SL 2005, ch 120, § 389.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-8, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-8. Terrorism


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-1, 22-8-2. Repealed by SL 2005, ch 120, §§ 186, 187, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-1, 22-8-2. Repealed by SL 2005, ch 120, §§ 186, 187, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-3 to 22-8-11. Repealed by SL 1976, ch 158, § 8-1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-3 to 22-8-11. Repealed by SL 1976, ch 158, § 8-1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-3 to 22-8-11. Repealed by SL 1976, ch 158, § 8-1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-3 to 22-8-11. Repealed by SL 1976, ch 158, § 8-1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-3 to 22-8-11. Repealed by SL 1976, ch 158, § 8-1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-3 to 22-8-11. Repealed by SL 1976, ch 158, § 8-1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-3 to 22-8-11. Repealed by SL 1976, ch 158, § 8-1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-3 to 22-8-11. Repealed by SL 1976, ch 158, § 8-1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-3 to 22-8-11. Repealed by SL 1976, ch 158, § 8-1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-12. Act of terrorism--Felony


Any person who commits a crime of violence, as defined by subdivision 22-1-2(9), or an act dangerous to human life involving any use of chemical, biological, or radioactive material, or any explosive or destructive device, with the intent to do any of the following:


(1) Intimidate or coerce a civilian population;


(2) Influence the policy or conduct of any government or nation;


(3) Affect the conduct of any government or nation by assassination or kidnaping; or


(4) Substantially impair or interrupt public communications, public transportation, common carriers, public utilities, or other public services;


is guilty of an act of terrorism. A violation of this section is a Class C felony.


CREDIT(S)


Source: SL 2002, ch 103, § 1; SL 2005, ch 120, § 188.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-8-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-8. Terrorism (Refs & Annos)

22-8-13. Terrorist threat--Felony


Any person who threatens to commit a crime of violence, as defined by subdivision 22-1-2(9), or an act dangerous to human life involving any use of chemical, biological, or radioactive material, or any explosive or destructive device, with the intent to:


(1) Intimidate or coerce a civilian population;


(2) Influence the policy or conduct of any government or nation;


(3) Affect the conduct of any government or nation; or


(4) Substantially impair or interrupt public communications, public transportation, common carriers, public utilities, or other public services;


is guilty of making a terrorist threat. A violation of this section is a Class 5 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 189.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-9, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-9. Misuse of Flags


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-1. Desecration of flag


Any person who knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States or flag of the State of South Dakota is guilty of a Class 1 misdemeanor.


The term, flag of the United States, as used in this section includes any flag, standard, or colors, or any part thereof, made of any substance and of any size evidently purporting to be the flag, standard, or colors of the United States of America.


The term, flag of the State of South Dakota, as used in this section includes any flag, standard, or colors, or any part thereof, made of any substance and of any size evidently purporting to be the flag, standard, or colors of the flag of the State of South Dakota.


CREDIT(S)


Source: SDC 1939, §§ 13.0805, 65.0601; SDCL § 22-9-6; SL 1976, ch 158, § 9-1; SL 1985, ch 172; SL 1990, ch 159.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-9-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-9. Misuse of Flags (Refs & Annos)

22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-10, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-10. Riot and Unlawful Assembly


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-1. Riot--Felony


Any use of force or violence or any threat to use force or violence, if accompanied by immediate power of execution, by three or more persons, acting together and without authority of law, is riot. Riot is a Class 4 felony.


CREDIT(S)


Source: SDC 1939, § 13.1402; SL 1976, ch 158, § 10-1; SL 2005, ch 120, § 345.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-2 to 22-10-4. Repealed by SL 1976, ch 158, § 10-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-2 to 22-10-4. Repealed by SL 1976, ch 158, § 10-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-2 to 22-10-4. Repealed by SL 1976, ch 158, § 10-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-5. Aggravated riot as felony


Any person who carries a dangerous weapon while participating in a riot is guilty of aggravated riot. Aggravated riot is a Class 3 felony.


CREDIT(S)


Source: SDC 1939, § 13.1404 (3); SL 1976, ch 158, § 10-2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-5.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-5.1. Attempted riot or attempted aggravated riot


There is no offense of attempted riot or attempted aggravated riot.


CREDIT(S)


Source: SL 2005, ch 120, § 346.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-6. Encouraging or soliciting violence in riot--Felony


Any person who participates in any riot and who directs, advises, encourages, or solicits other persons participating in the riot to acts of force or violence is guilty of a Class 2 felony.


CREDIT(S)


Source: SDC 1939, § 13.1404 (4); SL 1976, ch 158, § 10-3; SL 2005, ch 120, § 347.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-6.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-6.1. Encouraging or soliciting violence in riot without participating--Felony


Any person who does not personally participate in any riot but who directs, advises, encourages, or solicits other persons participating in the riot to acts of force or violence is guilty of a Class 5 felony.


CREDIT(S)


Source: SL 1976, ch 158, § 10-4; SL 2005, ch 120, § 348.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-7, 22-10-8. Repealed by SL 1976, ch 158, § 10-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-7, 22-10-8. Repealed by SL 1976, ch 158, § 10-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-9. Unlawful assembly--Misdemeanor


Any person who assembles with two or more persons for the purpose of engaging in conduct constituting riot or aggravated riot or who, being present at an assembly that either has or develops such a purpose, remains there, with intent to advance that purpose, is guilty of unlawful assembly. Unlawful assembly is a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1402; SL 1976, ch 158, § 10-5; SL 2005, ch 120, § 349.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-10. Repealed by SL 1976, ch 158, § 10-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-11. Refusal to disperse or refrain from riot or unlawful assembly--Misdemeanor


Any person who, during a riot or unlawful assembly, intentionally disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot, is guilty of a Class 1 misdemeanor. A public safety order is any order, the purpose of which is to prevent or control disorder or promote the safety of persons or property, issued by a law enforcement officer or a member of the fire or military forces concerned with the riot or unlawful assembly.


CREDIT(S)


Source: SDC 1939, § 13.1407; SL 1976, ch 158, § 10-6; SL 2005, ch 120, § 350.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-12. Repealed by SL 1976, ch 158, § 10-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-13. Transferred to § 1-7-16 by SL 2005, ch 120, § 351, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-14 to 22-10-16. Transferred to §§ 22-10A-1 to 22-10A-3 by SL 2005, ch 120, § 355, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-14 to 22-10-16. Transferred to §§ 22-10A-1 to 22-10A-3 by SL 2005, ch 120, § 355, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10. Riot and Unlawful Assembly (Refs & Annos)

22-10-14 to 22-10-16. Transferred to §§ 22-10A-1 to 22-10A-3 by SL 2005, ch 120, § 355, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-10A, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-10A. Street Gang Activity


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10A-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10A. Street Gang Activity (Refs & Annos)

22-10A-1. Definitions


Terms used in §§ 22-10A-1 to 22-10A-3, inclusive, mean:


(1) “Street gang,” any formal or informal ongoing organization, association, or group of three or more persons who have a common name or common identifying signs, colors, or symbols and have members or associates who, individually or collectively, engage in or have engaged in a pattern of street gang activity;


(2) “Street gang member,” any person who engages in a pattern of street gang activity and who meets two or more of the following criteria:


(a) Admits to gang membership;


(b) Is identified as a gang member by a documented reliable informant;


(c) Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs or its tattoos and associates with known gang members;


(d) Is identified as a gang member by an informant of previously untested reliability if such identification is corroborated by independent information;


(e) Has been arrested more than once in the company of identified gang members for offenses which are consistent with usual gang activity;


(f) Is identified as a gang member by physical evidence, such as photographs or other documentation; or


(g) Has been stopped in the company of known gang members four or more times; and


(3) “Pattern of street gang activity,” the commission, attempted commission, or solicitation by any member or members of a street gang of two or more felony or violent misdemeanor offenses on separate occasions within a three-year period for the purpose of furthering gang activity.


CREDIT(S)


Source: SL 1992, ch 159, § 1; SDCL § 22-10-14; SL 2005, ch 120, §§ 352, 355.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10A-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10A. Street Gang Activity (Refs & Annos)

22-10A-2. Reclassification of offense if part of street gang activity


The penalty for conviction of any offense shall be reclassified to the next highest classification in the penalty schedule if the commission of such offense is part of a pattern of street gang activity.


CREDIT(S)


Source: SL 1992, ch 159, § 2; SDCL § 22-10-15; SL 2005, ch 120, §§ 353, 355.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-10A-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-10A. Street Gang Activity (Refs & Annos)

22-10A-3. Allegation of gang membership filed as separate information


An allegation that a defendant is a street gang member shall be filed as a separate information at the time of, or before, arraignment. The separate information hall state those criteria, as set forth in subdivision 22-10A-1(2), which allegedly identify the defendant as a street gang member, and shall be signed by the prosecutor.


CREDIT(S)


Source: SL 1992, ch 159, § 3; SDCL § 22-10-16; SL 2005, ch 120, §§ 354, 355.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-11, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-11. Obstruction of the Administration of Government


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-1. Resisting execution or service of process


Any person who resists the execution or service of any legal process is guilty of a Class 2 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1408; SL 1976, ch 158, § 11-1; SL 1977, ch 189, § 24.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-2. Obstructing officer in charge of personal property


Any person who intentionally injures or destroys, takes or attempts to take, or assists any other person in taking or attempting to take, from the custody of any law enforcement officer or other person, any personal property, which such officer or person has in charge under any process of law, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1224; SL 1976, ch 158, § 11-4; SL 2005, ch 120, § 191.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-3. Obstructing certain public officers or employees--Misdemeanor


Any person who intentionally obstructs or attempts to obstruct a public officer or employee, not a law enforcement officer, firefighter, or emergency medical technician in the performance of any official duty, or who resists a public officer in performance of that duty, is guilty of a Class 2 misdemeanor.


CREDIT(S)


Source: SDC 1939, §§ 13.1106, 13.1302; SDCL §§ 3-15-2, 3-15-3; SL 1976, ch 158, § 11-22; SL 2005, ch 120, § 192.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-3.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-3.1. Repealed by SL 2005, ch 120, § 193, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-4. Resisting arrest--Misdemeanor


Any person who intentionally prevents or attempts to prevent a law enforcement officer, acting under color of authority, from effecting an arrest of the actor or another, by:


(1) Using or threatening to use physical force or violence against the law enforcement officer or any other person; or


(2) Using any other means which creates a substantial risk of causing physical injury to the law enforcement officer or any other person;


is guilty of resisting arrest. Resisting arrest is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1976, ch 158, § 11-2; SL 2005, ch 120, § 194.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-5. Unlawful arrest no defense if officer acting under color of authority with reasonable force--Color of authority for law enforcement officer, firefighter, or emergency medical technician


It is no defense to a prosecution under § 22-11-4 that the law enforcement officer was attempting to make an arrest which in fact was unlawful, if the law enforcement officer was acting under color of authority and, in attempting to make the arrest, the law enforcement officer was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A law enforcement officer, firefighter, or emergency medical technician acts under color of authority if, in the regular course of assigned duties, he or she is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances.


CREDIT(S)


Source: SL 1976, ch 158, § 11-2; SL 2005, ch 120, § 195.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-6. Obstructing law enforcement officer, firefighter, or emergency management personnel--Misdemeanor


Except as provided in §§ 22-11-4 and 22-11-5, any person who, by using or threatening to use violence, force, or physical interference or obstacle, intentionally obstructs, impairs, or hinders the enforcement of the criminal laws or the preservation of the peace by a law enforcement officer or jailer acting under color of authority, or intentionally obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter acting under color of authority, or intentionally obstructs emergency management personnel acting under color of authority, is guilty of obstructing a law enforcement officer, firefighter, or emergency medical technician. Obstructing a law enforcement officer, jailer, firefighter, or emergency medical technician is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1976, ch 158, § 11-3; SL 2005, ch 120, § 196.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-6.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-6.1. Repealed by SL 2005, ch 120, § 197, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-7. Illegality of officer, firefighter, or emergency medical technician acts no defense if under color of authority


It is no defense to a prosecution under § 22-11-6 that the law enforcement officer, firefighter, or emergency medical technician was acting in an illegal manner, if the law enforcement officer, firefighter, or emergency medical technician was acting under the color of authority as defined in § 22-11-5.


CREDIT(S)


Source: SL 1976, ch 158, § 11-3; SL 2005, ch 120, § 198.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-8. Transferred to § 22-40-16 by SL 2005, ch 120, § 200, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-9. False reporting to authorities--Misdemeanor


Any person who:


(1) Except as provided in § 22-11-9.2, knowingly causes a false fire or other emergency alarm to be transmitted to, or within, any fire department, ambulance service, or other government agency which deals with emergencies involving danger to life or property;


(2) Makes a report or intentionally causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern, knowing that it did not occur; or


(3) Makes a report or intentionally causes the transmission of a report to law enforcement authorities which furnishes information relating to an offense or other incident within their official concern, knowing that such information is false;


is guilty of false reporting to authorities. False reporting to authorities is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1975, ch 171, §§ 1, 2; SDCL Supp, § 22-13-16; SL 1976, ch 158, § 11-23; SL 2005, ch 120, § 201.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-9.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-9.1. False fire alarm causing serious bodily injury or death--Felony


Any person who intentionally gives any false alarm of fire, by any means, is guilty of a Class 5 felony, if, as a result, any other person dies or sustains serious bodily injury.


CREDIT(S)


Source: SL 1973, ch 150, § 2; SDCL Supp, § 34-35A-2; SL 1977, ch 190, § 96; SL 2005, ch 120, § 202.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-9.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-9.2. Falsely reporting a threat--Felony--Restitution--Minor to perform public service


Any person who makes a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, explosive, destructive device, dangerous chemical, biological agent, poison or harmful radioactive substance, is guilty of falsely reporting a threat. Falsely reporting a threat is a Class 6 felony. Any person found guilty of falsely reporting a threat shall pay restitution for any expense incurred as a result of the crime. If the person making the false report prohibited by this section is a minor, the court, in addition to such other disposition as the court may impose, shall require the minor to perform at least fifty hours of public service unless tried as an adult.


CREDIT(S)


Source: SL 1970, ch 142; SL 1972, ch 140, § 18; SDCL Supp, § 22-34-26; SL 1976, ch 158, § 14A-9; SL 1989, ch 193; SL 1997, ch 128, § 1; SL 2002, ch 105, § 4; SDCL § 22-14A-22; SL 2005, ch 120, §§ 278, 279.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-10. Compounding a felony or misdemeanor


Any person who accepts, or offers or agrees to accept, any pecuniary benefit as consideration for:


(1) Refraining from seeking prosecution of an offender; or


(2) Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or any information relating to a crime;


is guilty of compounding. Compounding a felony is a Class 6 felony. Compounding a misdemeanor is a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, §§ 13.0304, 13.0305; SDCL §§ 22-3-6, 22-3-7; SL 1976, ch 158, § 11-5; SL 2005, ch 120, § 203.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-11. Acceptance of restitution as defense


It is an affirmative defense to prosecution pursuant to § 22-11-10 that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.


CREDIT(S)


Source: SL 1976, ch 158, § 11-5; SL 2005, ch 120, § 204.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-12. Misprision of felony--Misdemeanor


Any person who, having knowledge, which is not privileged, of the commission of a felony, conceals the felony, or does not immediately disclose the felony, including the name of the perpetrator, if known, and all of the other relevant known facts, to the proper authorities, is guilty of misprision of a felony. Misprision of a felony is a Class 1 misdemeanor. There is no misprision of misdemeanors or petty offenses.


CREDIT(S)


Source: SL 1976, ch 158, § 11-6; SL 2005, ch 120, § 205.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-13. Repealed by SL 1977, ch 189, § 126


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-14. Judicial officer defined


As used in this chapter, the term, judicial officer, includes any referee, arbitrator, judge, hearing officer, or any other person authorized by law to hear or determine a controversy.


CREDIT(S)


Source: SL 1976, ch 158, § 11-9.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-15. Threatening or intimidating judicial or ministerial officers or others


Any person who, directly or indirectly, utters or addresses any threat or intimidation to any judicial or ministerial officer, juror, member of the Board of Pardons and Paroles, or other person authorized by law to hear or determine any controversy, or any court services officer, with intent to induce the person either to do any act not authorized by law, or to omit or delay the performance of any duty imposed upon the person by law, or for having performed any duty imposed upon the person by law, is guilty of a Class 5 felony.


CREDIT(S)


Source: SDC 1939, § 13.1206; SDCL § 16-15-9; SL 1976, ch 158, § 11-10; SL 1977, ch 189, § 25; SL 2003, ch 123, § 1; SL 2011, ch 114, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-15.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-15.1. Transferred to § 22-11-15.5 by SL 2005, ch 120, § 208, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-15.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-15.2. Threatening constitutional officer or family--Felony


Any person who, knowingly and intentionally, deposits for conveyance in the mail or for a delivery from any post office or by any messenger any letter, paper, writing, print, or document containing any threat to take the life of or to inflict bodily harm upon a constitutional officer or former constitutional officer of the state, or a member of the constitutional officer's immediate family, or who, knowingly and intentionally, otherwise makes any threat to take the life of or to inflict bodily harm upon a constitutional officer or former constitutional officer or a member of the constitutional officer's immediate family is guilty of a Class 5 felony.


CREDIT(S)


Source: SL 1985, ch 173; SL 2005, ch 120, § 209.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-15.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-15.3. Threatening juror or juror's family--Violation as felony


Any person who, directly or indirectly, threatens or intimidates any person who has served as a juror, or any member of such person's immediate family, because of such person's jury service, is guilty of a Class 5 felony.


CREDIT(S)


Source: SL 1991, ch 188.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-15.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-15.4. Transferred to § 22-11-15.6 by SL 2005, ch 120, § 208, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-15.5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-15.5. Threatening law enforcement officer or family--Violation as felony--Provisions superseded


Any person who, knowingly and intentionally, deposits for conveyance in the mail or for a delivery from any post office or by any messenger, any letter, paper, writing, print, or document containing any threat to take the life of or to inflict serious bodily harm upon a law enforcement officer of the state or a member of the officer's immediate family is guilty of a Class 5 felony. However, if any such threat is made which otherwise would constitute a violation of § 22-11-4 or 22-18-1.1, the provisions of such sections supersede the provisions of this section, and the penalties provided in § 22-11-4 or 22-18-1.1 apply.


CREDIT(S)


Source: SL 1985, ch 174; SL 2004, ch 149, § 1; SDCL § 22-11-15.1; SL 2005, ch 120, §§ 207, 208.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-15.6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-15.6. Threatening law enforcement officer or family--Violation as misdemeanor--Provisions superseded


Any person who, knowingly and intentionally, communicates any threat not subject to § 22-11-15.5 to take the life of or to inflict serious bodily harm upon a law enforcement officer of the state or a member of the officer's immediate family, is guilty of a Class 1 misdemeanor. However, if any such threat is made which otherwise would constitute a violation of § 22-11-4 or 22-18-1.1, the provisions of such sections supersede the provisions of this section, and the penalties provided in § 22-11-4 or 22-18-1.1 apply.


CREDIT(S)


Source: SL 2004, ch 149, § 2; SDCL § 22-11-15.4; SL 2005, ch 120, §§ 208, 210.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-16. Transferred to § 22-12A-12 by SL 2005, ch 120, § 217, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-17. Repealed by SL 2005, ch 120, § 212, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-18. Transferred to § 22-12A-13 by SL 2005, ch 120, § 217, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-19. Tampering with a witness--Felony


Any person who injures, or threatens to injure, any person or property, or, with intent to influence a witness, offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding to induce the witness to:


(1) Testify falsely;


(2) Withhold any testimony, information, document, or thing;


(3) Elude legal process summoning the witness to testify or supply evidence; or


(4) Absent himself or herself from an official proceeding to which the witness has been legally summoned;


is guilty of tampering with a witness. Any person who injures, or threatens to injure, any person or property in retaliation for that person testifying in an official proceeding, or for cooperating with law enforcement, government officials, investigators, or prosecutors, is guilty of tampering with a witness. Tampering with a witness is a Class 4 felony.


CREDIT(S)


Source: SDC 1939, § 13.1246; SDCL § 19-5-15; SL 1976, ch 158, §§ 11-14; SL 1978, ch 158, § 6; SL 1986, ch 179; SL 2004, ch 148, § 1; SL 2005, ch 120, § 213.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-19.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-19.1. Repealed by SL 2005, ch 120, § 214, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-20 to 22-11-22. Transferred to §§ 22-12A-14 to 22-12A-16 by SL 2005, ch 120, § 217, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-20 to 22-11-22. Transferred to §§ 22-12A-14 to 22-12A-16 by SL 2005, ch 120, § 217, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-20 to 22-11-22. Transferred to §§ 22-12A-14 to 22-12A-16 by SL 2005, ch 120, § 217, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-23

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-23. Falsification of public records--Misdemeanor


Any person who knowingly makes a false entry in any public record, or falsely alters any public record is guilty of a Class 2 misdemeanor. However, if the false entry or alteration is committed by a public officer or employee having custody of the record, the offense is a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1306; SDCL § 4-3-19 (3); SL 1976, ch 158, § 11-18; SL 2005, ch 120, § 218.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-23.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-23.1. Transferred to § 22-11-28.1 by SL 2005, ch 120, § 226, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-23.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-23.2. Authorization of debtor required for filing of financing statement--Violation as misdemeanor


No person may file a financing statement with the secretary of state knowing that the debtor did not authorize the filing of that financing statement. A violation of this section is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2002, ch 104, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-24

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-24. Destruction or impairment of public record--Felony


Any person who, without the authority to do so, knowingly and intentionally destroys, mutilates, conceals, removes, or impairs the availability of any public record is guilty of a Class 6 felony. However, if the provisions of this section are violated by a public officer or employee having custody of the record, the offense is a Class 5 felony.


CREDIT(S)


Source: SDC 1939, § 13.1306; SDCL § 4-3-19 (4); SL 1976, ch 158, § 11-19; SL 2005, ch 120, § 220.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-25

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-25. Unlawful retention of public record--Misdemeanor


Any person who, lacking the authority to retain a public record in his or her possession, knowingly refuses to deliver it up upon proper request of any person lawfully entitled to receive such record, is guilty of a Class 2 misdemeanor. However, if the knowing refusal to deliver is committed by a public officer or employee having custody of the record, the offense is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1976, ch 158, § 11-20; SL 2005, ch 120, § 221.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-26

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-26. Forfeiture of public officer's office for record violations--Discharge of public employee--Refusal to discharge employee--Misdemeanor


Any public officer found guilty of violating §§ 22-11-23 to 22-11-25, inclusive, shall forfeit the office unless the office is subject to impeachment.


Any public employee found guilty of violating any provision of §§ 22-11-23 to 22-11-25, inclusive, shall be discharged. Any public officer having authority to discharge a public employee, who refuses to comply with this section, is guilty of a Class 2 misdemeanor.


CREDIT(S)


Source: SL 1976, ch 158, § 11-21; SL 2005, ch 120, § 222.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-27

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-27. Transferred to § 22-30A-39 by SL 2005, ch 120, § 224, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-28

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-28. Counterfeit lien as a misdemeanor--Second offense a felony


Any person who offers a counterfeit lien for filing, registering, or recording in a public office knowing or having reason to know that the lien is counterfeit is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation of this section is a Class 6 felony. Lack of belief in the jurisdiction or authority of the state or of the United States is no defense to a prosecution under this section.


CREDIT(S)


Source: SL 1997, ch 45, § 7; SL 2005, ch 120, § 225.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-28.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-28.1. Offering false or forged instrument for filing, registering, or recording--Felony


Any person who offers any false or forged instrument, knowing that the instrument is false or forged, for filing, registering, or recording in a public office, which instrument, if genuine, could be filed, registered, or recorded under any law of this state or of the United States, is guilty of a Class 6 felony.


CREDIT(S)


Source: SDC 1939, § 13.1245; SDCL § 22-39-31; SL 1976, ch 158, § 39-5; SDCL Supp, § 22-39-39; SL 1978, ch 158, § 7; SDCL § 22-11-23.1; SL 2005, ch 120, §§ 219, 226.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-29

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-29. Offers defined--Counterfeit lien defined


For purposes of § 22-11-28, the term, offers, includes the mailing of the instrument to a public office with the knowledge or belief that the instrument will be filed with, registered, or recorded in, or otherwise become a part of, the records of the public office.


For purposes of § 22-11-28, the term, counterfeit lien, means a lien that:


(1) Is not provided for by a specific state or federal statute;


(2) Does not depend upon the consent of the owner of the property affected for its existence; and


(3) Is not an equitable or constructive lien imposed by a court recognized under the U.S. Constitution, federal laws, or the constitution or laws of this state.


CREDIT(S)


Source: SL 1997, ch 45, § 8; SL 2005, ch 120, § 227.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-30

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-30. Transferred to § 20-9-33 by SL 2005, ch 120, § 232, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-31

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-31. Harassment by threat of fraudulent legal proceedings or liens prohibited--Misdemeanor--Subsequent violation felony


Any person who harasses any other person by sending or delivering, or causing to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or other notice or demand that simulates any form of court or legal process and that threatens the other person, directly or indirectly, with incarceration, monetary fines, or penalties, or with the imposition of a counterfeit lien on the real or personal property of the other person is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation of this section is a Class 6 felony. Lack of belief in the jurisdiction or authority of the state or of the United States is no defense to a prosecution under this section.


CREDIT(S)


Source: SL 1997, ch 45, § 10; SL 2005, ch 120, § 228.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-32

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-32. Harass defined--Course of conduct defined


For purposes of § 22-11-31, the term, harasses, means a knowing and willful course of conduct directed at any person which seriously alarms or annoys the person and which serves no legitimate legal purpose.


For purposes of § 22-11-31, the term, course of conduct, means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.


CREDIT(S)


Source: SL 1997, ch 45, § 11; SL 2005, ch 120, § 229.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-33

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-33. Transferred to § 20-9-34 by SL 2005, ch 120, § 232, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-34

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-34. Transferred to § 22-40-17 by SL 2005, ch 120, § 231, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-35

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-35. Transferred to § 20-9-35 by SL 2005, ch 120, § 232, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-36

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-36. Killing, injury, or interference with a law enforcement support animal prohibited--Felony or misdemeanor


If any person intentionally and unjustifiably kills a law enforcement animal, the person is guilty of a Class 6 felony. If any person intentionally and unjustifiably causes physical injury to, torments, strikes, disables, or tampers with a law enforcement support animal, the person is guilty of Class 1 misdemeanor. If any person harasses, taunts, or provokes a law enforcement support animal; interferes with a law enforcement support animal while the animal is working; or interferes with the individual handling the animal, the person is guilty of Class 2 misdemeanor. For purposes of this section, the term, law enforcement support animal, means any animal that is on duty which is being used by or on behalf of a law enforcement officer in the performance of the officer's functions and duties.


This section does not apply to a law enforcement officer or a veterinarian who terminates the life of a law enforcement support animal to relieve the animal of undue suffering and pain.


CREDIT(S)


Source: SL 2010, ch 113, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-37

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-37. Failure to notify law enforcement that child is missing--Misdemeanor


Any parent, legal guardian, or caretaker who knowingly fails to notify law enforcement within forty-eight hours of learning that a child, in his or her care and less than thirteen years of age, is missing is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2012, ch 120, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11-38

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11. Obstruction of the Administration of Government (Refs & Annos)

22-11-38. Failure to notify law enforcement of death of child--Felony


Any parent, legal guardian, or caretaker who knowingly fails to notify law enforcement within six hours of learning of the death of a minor child in his or her care is guilty of a Class 5 felony. This section does not apply to any health care provider or to any facility licensed pursuant to chapter 34-12.


CREDIT(S)


Source: SL 2012, ch 120, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-11A, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-11A. Escape


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11A-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11A. Escape (Refs & Annos)

22-11A-1. Definition of terms


The term, prisoner, as used in this chapter, includes every person who is in custody by being under arrest or by being under process of law issued from a court of competent jurisdiction, whether civil or criminal. A prisoner at the time of escape need not be in a place designated for the keeping of prisoners.


The term, escape, as used in this chapter, means the departure without lawful authority or the failure to return to custody following an assignment or temporary leave granted for a specific purpose or limited period.


The term, nonsecure correctional facility, as used in this chapter, means a correctional facility or placement that, while it may be locked at night, is generally not locked and not secured by a fence, external wall, or security perimeter and used for the housing of persons who are authorized to have unescorted access to the community for a specific purpose or limited period.


The term, secure correctional facility, as used in this chapter, means a locked or secured correctional facility with a perimeter wall or fence and locked entrances and exits.


CREDIT(S)


Source: SDC 1939, § 13.1225; SDCL § 23-25-1; SL 1978, ch 185, § 9; SDCL Supp, § 24-12-8; SL 2005, ch 120, § 317; SL 2009, ch 113, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11A-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11A. Escape (Refs & Annos)

22-11A-2. First degree escape--Felony


Any escape by a prisoner constitutes first degree escape if the prisoner effects the escape:


(1) By means of the use or threat of violence;


(2) From a secure correctional facility; or


(3) From the immediate custody of a law enforcement officer or Department of Corrections employee.


First degree escape is a Class 4 felony.


CREDIT(S)


Source: SDC 1939, §§ 13.1226, 13.1227; SL 1955, ch 25, §§ 1, 2; SL 1957, ch 31; SDCL §§ 24-12-1, 24-12-2; SL 1977, ch 201, §§ 1, 2; SL 1978, ch 185, § 10; SDCL Supp, § 24-12-9; SL 2004, ch 164, § 2; SL 2005, ch 120, § 318; SL 2009, ch 113, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11A-2.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11A. Escape (Refs & Annos)

22-11A-2.1. Second degree escape--Felony


Any escape by a prisoner constitutes second degree escape if the prisoner effects the escape by means of failure to return to custody following an assignment or temporary leave granted for a specific purpose or limited period or leaves a nonsecure correctional facility without authorization. Second degree escape is a Class 5 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 319; SL 2009, ch 113, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11A-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11A. Escape (Refs & Annos)

22-11A-3. Repealed by SL 2005, ch 120, § 320, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11A-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11A. Escape (Refs & Annos)

22-11A-4. Pursuit of escaped prisoner--Breaking structure permitted


If a prisoner escapes, the person from whose custody that prisoner escaped may immediately pursue and retake that prisoner at any time and in any place in the state. To retake a prisoner, the person pursuing may, after notice of intention and refusal of admittance, break open an outer or inner door or window of a dwelling house or other structure.


CREDIT(S)


Source: SDC 1939 & Supp 1960, § 34.1612; SDCL § 23-25-5; SL 1978, ch 185, § 12; SDCL Supp, § 24-12-11; SL 2005, ch 120, § 321.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11A-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11A. Escape (Refs & Annos)

22-11A-5. Concealment of escaped prisoner--Felony


Any person who conceals any prisoner knowing that the prisoner has escaped is guilty of a Class 5 felony.


CREDIT(S)


Source: SDC 1939, § 13.1228; SDCL § 24-12-5; SL 1978, ch 185, § 13; SDCL Supp, § 24-12-12; SL 2005, ch 120, § 322.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11A-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11A. Escape (Refs & Annos)

22-11A-6, 22-11A-7. Transferred to §§ 24-12A-1 and 24-12A-2 by SL 2005, ch 120, § 323, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11A-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11A. Escape (Refs & Annos)

22-11A-6, 22-11A-7. Transferred to §§ 24-12A-1 and 24-12A-2 by SL 2005, ch 120, § 323, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11A-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11A. Escape (Refs & Annos)

22-11A-8 to 22-11A-10. Repealed by SL 2005, ch 120, §§ 325 to 327, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11A-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11A. Escape (Refs & Annos)

22-11A-8 to 22-11A-10. Repealed by SL 2005, ch 120, §§ 325 to 327, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-11A-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-11A. Escape (Refs & Annos)

22-11A-8 to 22-11A-10. Repealed by SL 2005, ch 120, §§ 325 to 327, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-12, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-12. Abuse of Judicial Process


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-1. Barratry--Misdemeanor


Barratry is the offense of maliciously bringing or causing to be brought any groundless judicial proceeding. Barratry is a Class 2 misdemeanor. The fact that an accused was personally a party in interest or upon the record to any proceedings at law complained of is not a defense.


CREDIT(S)


Source: SDC 1939, § 13.1252; SL 1976, ch 158, § 12-1; SL 1977, ch 189, § 26; SL 2005, ch 120, § 233.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-2 to 22-12-4. Repealed by SL 1976, ch 158, § 12-7


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-2 to 22-12-4. Repealed by SL 1976, ch 158, § 12-7


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-2 to 22-12-4. Repealed by SL 1976, ch 158, § 12-7


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-5. Uttering simulated process--Misdemeanor


Any person who, for the purpose of obtaining anything of value, circulates or offers for sale, prints for the purpose of sale or distribution, sends or delivers, or causes to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or other notice or demand which simulates any form of court or legal process or any official demand, notice or other paper of a federal, state, or municipal agency, the intention of which document is to lead the recipient or addressee to believe that it is a genuine court or legal process or official demand, notice, or other paper of a federal, state, or municipal agency, is guilty of uttering simulated process. Uttering simulated process is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1964, ch 34, § 1; SL 1967, ch 29; SL 1976, ch 158, § 12-2; SL 2005, ch 120, § 234.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-6. Validity of obligation no defense to simulated process charge


It is no defense to a charge of uttering simulated process, that the document bears any statement that the thing of value sought to be obtained was to apply as payment on a valid obligation.


CREDIT(S)


Source: SL 1964, ch 34, § 2; SL 1976, ch 158, § 12-3; SL 2005, ch 120, § 235.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-7. Deposit in post office or delivery for forwarding as proof of uttering


In prosecutions for any violation of § 22-12-5, the prosecution may show that the simulating document was deposited in the post office for mailing or was delivered to any person with intent to be forwarded, and such showing is sufficient proof of the sending or delivery.


CREDIT(S)


Source: SL 1964, ch 34, § 3; SL 2005, ch 120, § 236.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-8. Genuine legal forms not prohibited


Nothing in §§ 22-12-5 to 22-12-7, inclusive, prevents the printing, publication, sale, or distribution of genuine legal forms.


CREDIT(S)


Source: SL 1964, ch 34, § 4; SL 1976, ch 158, § 12-4; SL 2005, ch 120, § 237.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-9. Repealed by SL 1976, ch 158, § 12-7


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-10. Arrest or seizure of property without process--Misdemeanor


Any public officer or person pretending to be a public officer, who under the pretense or color of any process or other legal authority, arrests any person, or detains any person against that person's will, or seizes or levies upon any property, or dispossesses any person of any lands or tenements without due and legal process, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1233; SL 1976, ch 158, § 12-5; SL 2005, ch 120, § 238.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-11. Repealed by SL 2005, ch 120, § 239, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-12. Repealed by SL 1976, ch 158, § 12-7


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-13. Malicious procurement of search warrant--Misdemeanor


Any person who, maliciously and without probable cause, procures a search warrant to be issued and executed is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1213; SDC 1939 & Supp 1960 § 34.9904; SDCL § 23-15-11; SL 1978, ch 185, § 5; SL 2005, ch 120, § 240.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-14. Excessive or malicious exercise of authority in executing search warrant--Misdemeanor


Any law enforcement officer who, in executing a search warrant, intentionally exceeds his or her authority, or exercises such authority maliciously, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1234; SDC 1939 & Supp 1960, § 34.9905; SDCL § 23-15-17; SL 1978, ch 185, § 6; SL 2005, ch 120, § 241.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12. Abuse of Judicial Process (Refs & Annos)

22-12-15. Delay in taking arrested person before magistrate--Misdemeanor


Any law enforcement officer or other person, who, having arrested a person on a criminal charge, intentionally delays taking that person before a committing magistrate for further proceedings, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1220; SDCL § 23-22-21; SL 1978, ch 185, § 7; SL 2005, ch 120, § 242.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-12A, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-12A. Improprieties and Bribery in Public Office


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-1. Giving consideration for appointment to or performance of duties of public office--Misdemeanor


Any person who gives, or agrees or offers to give, any gratuity or reward in consideration that that person or any other person be appointed to any public office, or be permitted to exercise, perform, or discharge the prerogatives or duties of any public office, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1109; SDCL § 3-15-6; SL 1973, ch 23, § 24; SDCL Supp, § 3-6A-45; SL 1976, ch 158, § 12A-1; SL 2005, ch 120, § 329.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-2. Receiving consideration for appointment to or employment in public office--Misdemeanor


Any person who, directly or indirectly, asks or receives any consideration for appointing another person or procuring the employment of another person in any public office, or for permitting or agreeing to permit any other person to exercise any of the prerogatives or duties of a public office, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1110; SDCL § 3-15-7; SL 1973, ch 23, § 24; SDCL Supp, § 3-6A-45; SL 1976, ch 158, § 12A-2; SL 2005, ch 120, § 330.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-3. Unlawful appointments or employments void--Official acts not invalidated by subsequent conviction


Any appointment or employment to a public office made contrary to § 22-12A-1 or 22-12A-2 is void. However, no official act performed prior to conviction of any offense prohibited by such sections is invalid.


CREDIT(S)


Source: SDC 1939, § 13.1110; SDCL § 3-15-8; SL 1976, ch 158, § 12A-3; SL 2005, ch 120, § 331.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-4. Bribery or unlawful influence of legislators--Felony


Any person who gives, or offers to give, a bribe to any member of the Legislature, or attempts, directly or indirectly, by menace, deceit, suppression of truth, or any other corrupt means, to influence a member to give or to withhold the member's vote, or to not attend the legislative session, or any committee thereof, is guilty of a Class 4 felony.


CREDIT(S)


Source: SDC 1939, § 13.1008; SDCL § 2-4-11; SL 1976, ch 158, § 12A-4; SL 2005, ch 120, § 332.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-5. Solicitation of bribes by legislators--Felony


Any member of the Legislature who asks, receives, or agrees to receive any bribe upon any understanding that the member's official vote, opinion, judgment, or action be influenced thereby, or who is given any bribe in any manner upon any particular side of any question or matter upon which the member may be required to act in an official capacity, is guilty of a Class 4 felony.


CREDIT(S)


Source: SDC 1939, § 13.1009; SDCL § 2-4-12; SL 1976, ch 158, § 12A-5; SL 2005, ch 120, § 333.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-6. Bribery of public officer--Felony


Any person who gives or offers a bribe to a public officer or employee with intent to influence the officer or employee in respect to any act, decision, vote, opinion, or other proceeding for which the officer or employee is responsible, is guilty of a Class 4 felony.


CREDIT(S)


Source: SDC 1939, § 13.1107; SL 1953, ch 35, § 1; SDCL § 3-15-4; SL 1976, ch 158, § 12A-6; SL 2005, ch 120, § 334.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-7. Solicitation of bribe by public officer--Felony


Any public officer or employee, who asks, receives, or agrees to receive a bribe upon an agreement or understanding that his or her vote, opinion, or action upon any matter then pending, or which may by law be brought before him or her in a public capacity, be influenced thereby, is guilty of a Class 4 felony.


CREDIT(S)


Source: SDC 1939, §§ 13.1108, 45.1509; SL 1953, ch 35, § 2; SDCL §§ 3-15-5, 9-14-38; SL 1976, ch 158, § 12A-7; SL 2005, ch 120, § 335.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-8. Solicitation of unauthorized fee for doing official act--Misdemeanor


Any public officer or employee who asks or receives any fee or consideration for any official service which has not been rendered, except charges for prospective costs or fees demandable in advance, if allowed by law, or who asks or receives any emolument, gratuity, reward, or other consideration excepting as authorized by law, for doing any official act, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1111; SDCL § 3-15-9; SL 1976, ch 158, § 12A-8; SL 2005, ch 120, § 336.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-9. Solicitation of compensation for omission of official duty


Any public officer or employee who asks or receives any emolument, gratuity, reward, or other consideration for omitting or deferring the performance of any official duty, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1112; SDCL § 3-15-10; SL 1976, ch 158, § 12A-9.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-10. Forfeiture of public office for violation--Disqualification from holding other office


The public office of any public officer or employee who is convicted of violating any provision contained in this chapter is forfeit. Moreover, such public officer or employee is forever disqualified from holding any public office in this state.


CREDIT(S)


Source: SL 1976, ch 158, § 12A-10; SL 2005, ch 120, § 337.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-11. Bribery of judicial officer or juror--Felony--Forfeiture of office--Disqualification


Any person who:


(1) Gives or offers to give a bribe to any judicial officer or juror or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence that person's vote, opinion, or decision upon any matter or question which is or may be brought before that person for decision; or


(2) While acting as a judicial officer or juror, asks, receives or agrees to receive a bribe upon any agreement or understanding that that person's vote, opinion, or decision upon any matter or question which is or may be brought before that person for decision shall be influenced thereby,


is guilty of a Class 4 felony.


In addition, the office of any judicial officer convicted under subdivision (2) of this section is forfeit. Moreover, such judicial officer is forever disqualified from holding any public office under this state.


CREDIT(S)


Source: SDC 1939, §§ 13.1201 to 13.1203; SDCL §§ 16-15-12 to 16-15-14; SL 1976, ch 158, § 11-7; SL 2005, ch 120, § 338.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-12. Attempt to influence jurors, arbitrators, or referees--Felony


Any person who attempts to influence a juror, or any person summoned or drawn as a juror, or chosen an arbitrator or appointed a referee, in respect to any verdict or decision in any cause or matter pending, or about to be brought before such person:


(1) By means of any communication, oral or written, had with such person, except in the regular course of proceedings upon the trial of the cause;


(2) By means of any book, paper, or instrument exhibited otherwise than in the regular course of proceedings upon the trial of the cause; or


(3) By publishing any statement, argument, or observation relating to the cause;


is guilty of a Class 6 felony.


CREDIT(S)


Source: SDC 1939, § 13.1207; SDCL § 16-15-10; SL 1976, ch 158, § 11-11; SDCL § 22-11-16; SL 2005, ch 120, §§ 211, 217.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-13. Agreement to give particular verdict


Any juror, or person drawn or summoned as a juror, or judicial officer, who makes any promise or agreement to give a verdict for or against any party is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1976, ch 158, § 11-13; SDCL § 22-11-18; SL 2005, ch 120, § 217.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-14. Solicitations and agreements by witnesses--Felony


Any person who, as a witness or prospective witness in an official proceeding, knowingly solicits, accepts, or agrees to accept any benefit upon the representation or understanding that such person will do any thing described in subdivisions 22-11-19(1) to (4), inclusive, is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1976, ch 158, § 11-15; SDCL § 22-11-20; SL 2005, ch 120, §§ 215, 217.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-15. Offer of forged or fraudulent evidence--Felony


Any person who, in any trial, proceeding, inquiry, or investigation authorized by law, offers in evidence as genuine, any book, paper, document, record, or other instrument in writing, knowing that it has been forged or fraudulently altered, is guilty of a Class 5 felony.


CREDIT(S)


Source: SL 1939, § 13.1244; SDCL § 22-39-30; SL 1976, ch 158, § 11-16; SDCL § 22-11-21; SL 2005, ch 120, §§ 216, 217.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-16. Falsification of evidence


Any person who prepares any false book, paper, record, instrument in writing, or other matter or thing with intent to produce it or allow it to be produced as genuine in any trial, proceeding, inquiry, or investigation authorized by law, is guilty of a Class 6 felony.


CREDIT(S)


Source: SDC 1939, § 13.1243; SDCL § 22-39-29; SL 1976, ch 158, § 11-17; SDCL § 22-11-22; SL 2005, ch 120, § 217.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-17. Fraudulent alteration of bill or resolution as felony


Any person who fraudulently alters the draft of any bill or resolution which has been presented to either house of the Legislature to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of a Class 6 felony.


CREDIT(S)


Source: SDC 1939, § 13.1006; SL 1980, ch 24, § 24; SL 1985, ch 17, § 10; SDCL § 2-7-16; SL 2005, ch 120, § 427.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-12A-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-12A. Improprieties and Bribery in Public Office (Refs & Annos)

22-12A-18. Fraudulent alteration of bill after passage as felony


Any person who fraudulently alters a bill which has been passed by the Legislature of this state, with intent to have it approved by the Governor, certified by the secretary of state, or printed or published by the printer of the statutes, in language different from that in which it was passed by the Legislature, is guilty of a Class 6 felony.


CREDIT(S)


Source: SDC 1939, § 13.1007; SL 1979, ch 15, § 7; SDCL § 2-7-21; SL 2005, ch 120, §§ 427, 428; SL 2006, ch 130, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-13, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-13. Breach of the Peace


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-1. Transferred to § 22-18-35 by SL 2005, ch 120, § 131, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-2, 22-13-3. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-2, 22-13-3. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL §§ 22-13-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-4. Repealed by SL 1974, ch 240, § 20


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-5 to 22-13-14. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-5 to 22-13-14. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-5 to 22-13-14. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-5 to 22-13-14. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-5 to 22-13-14. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-5 to 22-13-14. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-5 to 22-13-14. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-5 to 22-13-14. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-5 to 22-13-14. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-5 to 22-13-14. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-15. Repealed by SL 1977, ch 189, § 126


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-16. Repealed by SL 1976, ch 158, § 13-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-17. Picketing of funeral services prohibited--Violation as misdemeanor


No person may engage in any act of picketing at any funeral service during the period from one hour before the scheduled commencement of the funeral services until one hour after the actual completion of the funeral services.


Any violation of this section is a Class 2 misdemeanor. Each day on which a person violates this section constitutes a separate offense.


CREDIT(S)


Source: SL 2006, ch 118, § 1, eff. Feb. 13, 2006.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-18. Injunction, damages award, or other relief for repeated violations


Notwithstanding the criminal penalties provided in § 22-13-17, the circuit court may enjoin conduct proscribed by § 22-13-17 and may in any such proceeding award damages, including attorney fees, or other appropriate relief against any person who is repeatedly found guilty under §§ 22-13-17 to 22-13-20, inclusive.


CREDIT(S)


Source: SL 2006, ch 118, § 2, eff. Feb. 13, 2006.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-19. Picketing defined


For the purpose of §§ 22-13-17 to 22-13-20, inclusive, the term, picketing, means protest activities engaged in by any person stationed within one thousand feet of a funeral service within one hour prior to, during, and one hour following the commencement of any funeral service.


CREDIT(S)


Source: SL 2006, ch 118, § 3, eff. Feb. 13, 2006.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-13-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-13. Breach of the Peace (Refs & Annos)

22-13-20. Funeral services defined


For the purposes of §§ 22-13-17 to 22-13-20, inclusive, funeral services are any ceremony, procession, or memorial held in connection with the burial or cremation of a deceased person.


CREDIT(S)


Source: SL 2006, ch 118, § 4, eff. Feb. 13, 2006.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-14, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-14. Unlawful Use of Weapons


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-1 to 22-14-4. Repealed by SL 1976, ch 158, § 14-14


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-1 to 22-14-4. Repealed by SL 1976, ch 158, § 14-14


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-1 to 22-14-4. Repealed by SL 1976, ch 158, § 14-14


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-1 to 22-14-4. Repealed by SL 1976, ch 158, § 14-14


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-5. Possession of firearm with altered serial number--Felony--Exception


Any person who possesses any firearm on which the manufacturer's serial number has been changed, altered, removed, or obliterated is guilty of a Class 6 felony.


The provisions of this section do not apply to persons who have applied for a new serial number pursuant to § 23-7-43.


CREDIT(S)


Source: SDC 1939, § 21.0114; SDCL § 23-7-21; SL 1976, ch 158, § 14-4; SL 1985, ch 190, § 2; SL 2005, ch 120, § 243.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-6. Possession of controlled weapon--Felony--Exceptions


Any person who knowingly possesses a controlled weapon is guilty of a Class 6 felony. However, the provisions of this section do not apply to any person who:


(1) Is a law enforcement officer or member of the armed forces of the United States or South Dakota National Guard acting in the lawful discharge of duties;


(2) Has a valid state or federal license issued pursuant to law for such weapon or has registered such weapon with the proper state or federal authority pursuant to law;


(3) Possesses a controlled weapon briefly after having found it or taken it from an offender; or


(4) Possesses a controlled weapon, except a machine gun or short shotgun, under circumstances which negate any purpose or likelihood that the weapon would be used unlawfully.


CREDIT(S)


Source: SL 1976, ch 158, § 14-2; SL 1977, ch 189, § 27; SL 2005, ch 120, § 244.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-7. Reckless discharge of firearm or shooting of bow and arrow--Leaving trip device--Possession of loaded firearm while intoxicated--Misdemeanor


Any person who:


(1) Recklessly discharges a firearm or recklessly shoots a bow and arrow;


(2) Sets a device designed to activate a weapon upon being tripped or approached, and leaves the device unmarked or unattended by a competent person; or


(3) Has in personal possession a loaded firearm while intoxicated;


is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1976, ch 158, § 14-3; SL 2005, ch 120, § 245.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-8. Concealment of weapon with intent to commit felony--Felony


Any person who conceals on or about his or her person a controlled or dangerous weapon with intent to commit a felony is guilty of a Class 5 felony.


CREDIT(S)


Source: SL 1976, ch 158, § 14-5; SL 1977, ch 189, § 28; SL 2005, ch 120, § 246.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-9. Carrying pistol or revolver without a permit--Misdemeanor


Any person, other than a law enforcement officer or parole agent acting under color of authority, who:


(1) Carries a pistol or revolver, loaded or unloaded, concealed on or about his or her person without a permit as provided in chapter 23-7; or


(2) Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle while operating the vehicle, without a permit as provided in chapter 23-7;


is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 21.0105; SDCL § 23-7-5; SL 1976, ch 158, § 14-6; SL 1977, ch 189, § 29; SL 1985, ch 190, § 20; SL 2005, ch 120, § 247; SL 2009, ch 114, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-9.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-9.1. Person possessing concealed pistol to have physical possession of valid permit--Violation as petty offense--Charge dismissed


No person may possess a concealed pistol in accordance with chapter 23-7 or this chapter unless that person also has in his or her physical possession a valid South Dakota permit to carry a concealed pistol or a permit effective pursuant to § 23-7-7.3. Any violation of this section is a petty offense. However, if within twenty-four hours of being charged with a violation of this section, the person produces a permit to carry a concealed pistol which was valid at the time of the alleged offense in the office of the officer making the demand, the charge shall be dismissed.


CREDIT(S)


Source: SL 2002, ch 118, § 2; SL 2005, ch 120, § 248.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-9.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-9.2. Holders of permits from reciprocal states subject to South Dakota laws--Misdemeanor


Any person who is permitted to carry a concealed pistol in a state with which the secretary of state has entered into a reciprocity agreement pursuant to §§ 23-7-7.3, 22-14-9.1, 22-14-9.2, 23-7-7, 23-7-7.1, and 23-7-8 may carry a concealed pistol in this state if the permit holder carries the pistol in compliance with the laws of this state. Any violation of this section is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2002, ch 118, § 3; SL 2005, ch 120, § 249.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-10. Lawful uses of unloaded pistols or revolvers--Concealment--Exempt from permit requirement


The provisions of § 22-14-9 do not apply to any person carrying any unloaded pistol or revolver for the purpose of, or in connection with, any lawful use, if the unloaded pistol or revolver is carried:


(1) In the trunk or other closed compartment of a vehicle; or


(2) In a closed container which is too large to be effectively concealed on the person or within the person's clothing. The container may be carried in a vehicle or in any other manner.


No person who complies with this section may be required to obtain a permit for the lawful uses described in this section.


CREDIT(S)


Source: SDC 1939, § 21.0106; SDCL § 23-7-6; SL 1976, ch 158, § 14-6; SL 1977, ch 189, § 30; SL 1985, ch 190, § 21; SL 2005, ch 120, § 250.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-11. License not required for weapon in own home, business, or property


The provisions of § 22-14-9 do not apply to any person who possesses a pistol or revolver in his or her own dwelling house or place of business or on land owned or rented by himself or herself or by a member of his or her household.


CREDIT(S)


Source: SDC 1939, § 21.0106; SDCL § 23-7-6; SL 1976, ch 158, § 14-7; SL 1977, ch 189, § 31; SL 2005, ch 120, § 251.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-12. Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence


Any person who commits or attempts to commit any felony while armed with a firearm, including a machine gun or short shotgun, is guilty of a Class 2 felony for the first conviction. A second or subsequent conviction is a Class 1 felony. The sentence imposed for a first conviction under this section shall carry a minimum sentence of imprisonment in the state penitentiary of five years. In case of a second or subsequent conviction under this section such person shall be sentenced to a minimum imprisonment of ten years in the penitentiary.


Any sentence imposed under this section shall be consecutive to any other sentences imposed for a violation of the principal felony. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section.


CREDIT(S)


Source: SDC 1939, § 21.9902; SDCL § 23-7-37; SL 1976, ch 158, § 14-8; SL 1977, ch 189, § 32; SL 1985, ch 192, § 48; SL 2005, ch 120, § 252.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-13. Repealed by SL 1985, ch 192, § 49


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-13.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-13.1. Repealed by SL 2005, ch 120, § 253, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-14. Armed felony to be charged separately from principal felony charge--No offense charged when dangerous weapon an element of principal felony


A violation of § 22-14-12 shall be charged in the indictment or information as a separate count in addition to the principal felony or attempted felony alleged to have been committed. No offense may be charged under those sections if the use of a dangerous weapon is a necessary element of the principal felony alleged to have been committed or attempted.


CREDIT(S)


Source: SL 1976, ch 158, § 14-8; SL 2005, ch 120, § 254.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-15. Possession of firearm by one with prior violent crime conviction or certain drug-related conviction--Felony--Fifteen-year period


No person who has been convicted in this state or elsewhere of a crime of violence or a felony pursuant to § 22-42-2, 22-42-3, 22-42-4, 22-42-7, 22-42-8, 22-42-9, 22-42-10 or 22-42-19, may possess or have control of a firearm. A violation of this section is a Class 6 felony. The provisions of this section do not apply to any person who was last discharged from prison, jail, probation, or parole more than fifteen years prior to the commission of the principal offense.


CREDIT(S)


Source: SL 1976, ch 158, § 14-9; SL 1977, ch 189, § 34; SL 1998, ch 130, § 1; SL 2005, ch 120, § 255.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-15.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-15.1. Possession of firearm by one with prior drug conviction--Felony--Exception


No person who has been convicted of a felony under chapter 22-42 or of a felony for a crime with the same elements in another state may possess or have control of a firearm. A violation of this section is a Class 6 felony. The provisions of this section do not apply to any person who was last discharged from prison, jail, probation, or parole, for a felony under chapter 22-42 more than five years prior to the commission of the principal offense and is not subject to the restrictions in § 22-14-15.


CREDIT(S)


Source: SL 1998, ch 130, § 2; SDCL § 22-14-30; SL 2005, ch 120, §§ 267, 268.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-15.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-15.2. Possession of firearm by one convicted of misdemeanor crime involving domestic violence--Misdemeanor--Civil rights restored--Repeal of section--Order restoring rights


No person who has been convicted of any misdemeanor crime involving an act of domestic violence may possess or have control of a firearm for a period of one year from the date of conviction. Any violation of this section is a Class 1 misdemeanor. At the end of the one year period, any civil rights lost as a result of this provision shall be restored. Any person who has lost their right to possess or have control of a firearm as a result of a misdemeanor conviction involving an act of domestic violence, prior to July 1, 2005, shall be restored to those civil rights one year after July 1, 2005. This section shall be repealed on the date when any federal law restricting the right to possess firearms for misdemeanor domestic violence convictions is repealed.


Once eligible under the statute, a person convicted under this section may petition the convicting court for an order reflecting the restoration of any firearm rights lost, if the person has not been convicted within the prior year of a crime for which firearm rights have been lost. A petition filed under this section shall be verified by the petitioner and served upon the states attorney in the county where the conviction occurred. Thirty days after service upon the states attorney, the court shall enter the order, if the court finds that the petitioner is eligible for relief under this section.


CREDIT(S)


Source: SL 2005, ch 120, § 269.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-15.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-15.3. Firearm defined for §§ 22-14-15 and 22-14-15.1


For purposes of §§ 22-14-15 and 22-14-15.1, the term, firearm, includes any antique firearm as defined in subdivision 22-1-2(4) and any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, including muzzle loading weapons that are designed to use black powder or a black powder substitute and cannot use fixed ammunition.


CREDIT(S)


Source: SL 2012, ch 121, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-16. Providing firearm to person with known prior violent crime conviction--Felony


Any person who knows that another person is prohibited by § 22-14-15 or 22-14-15.1 from possessing a firearm, and who knowingly gives, loans, or sells a firearm to that person is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1972, ch 144, § 4; SDCL Supp, § 23-7-3.1; SL 1976, ch 158, § 14-10; SL 1977, ch 189, § 35; SL 2005, ch 120, § 256.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-17. Firearms incapable of discharge exempt


The provisions of this chapter do not apply to any firearm which has been permanently altered so it is incapable of being discharged.


CREDIT(S)


Source: SL 1976, ch 158, § 14-11; SL 1985, ch 190, § 6; SL 1998, ch 131, § 1; SL 2005, ch 120, § 257.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-18. Repealed by SL 1983, ch 188, § 1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-19. Repealed by SL 2005, ch 120, § 258, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-20. Discharge of firearm at occupied structure or motor vehicle--Felony


Any person who willfully, knowingly, and illegally discharges a firearm at an occupied structure or motor vehicle is guilty of a Class 3 felony.


CREDIT(S)


Source: SL 1992, ch 160, § 1; SL 2005, ch 120, § 259.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-21. Discharge of firearm from moving motor vehicle within municipality--Felony


Any person who willfully, knowingly, and illegally discharges a firearm from a moving motor vehicle within the incorporated limits of a municipality under circumstances not constituting a violation of § 22-14-20 is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1992, ch 160, § 2; SL 2005, ch 120, § 260.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-22. County courthouse defined


For the purposes of §§ 22-14-23 to 22-14-28, inclusive, the term, county courthouse, means the state capitol or any building occupied for the public sessions of a circuit court, with its various offices. The term includes any building appended to or used as a supplementary structure to a county courthouse.


CREDIT(S)


Source: SL 1993, ch 173, § 1; SL 2005, ch 120, § 261.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-23

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-23. Possession in county courthouse--Misdemeanor


Except as provided in § 22-14-24, any person who knowingly possesses or causes to be present any firearm or other dangerous weapon, in any county courthouse, or attempts to do so, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1993, ch 173, § 2; SL 2005, ch 120, § 262.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-24

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-24. Exceptions to penalty for possession in a county courthouse


The provisions of § 22-14-23 do not apply to:


(1) The lawful performance of official duties by an officer, agent, or employee of the United States, the state, political subdivision thereof, or a municipality, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law or an officer of the court;


(2) Possession by a judge or magistrate;


(3) The possession of a firearm or other dangerous weapon by a federal or state official or member of the armed services if such possession is authorized by law; or


(4) The lawful carrying of firearms, or other dangerous weapons in a county courthouse incident to hunting, or gun safety course or to other lawful purposes.


CREDIT(S)


Source: SL 1993, ch 173, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-25

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-25. Power of court to punish and promulgate rules


Nothing in this chapter limits the power of a court to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons, within any building housing such court or any of its proceedings, or upon any grounds pertinent to such building.


CREDIT(S)


Source: SL 1993, ch 173, § 4; SL 2005, ch 120, § 263.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-26

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-26. Notice of provisions to be posted at county courthouse


Notice of the provisions of § 22-14-23 shall be posted conspicuously at each public entrance to each county courthouse.


CREDIT(S)


Source: SL 1993, ch 173, § 5; SL 2005, ch 120, § 264.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-27

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-27. Concealed weapons permit not a defense


It is not a defense to a prosecution under § 22-14-23 that the defendant was the holder of a concealed weapons permit issued pursuant to §§ 23-7-7 and 23-7-7.1.


CREDIT(S)


Source: SL 1993, ch 173, § 6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-28

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-28. Waiver of provisions


By a majority of the members-elect, the county commission in any county may elect to waive the provisions of § 22-14-23.


CREDIT(S)


Source: SL 1993, ch 173, § 7; SL 2005, ch 120, § 265.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-29

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-29. Repealed by SL 2005, ch 120, § 266, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14-30

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14. Unlawful Use of Weapons (Refs & Annos)

22-14-30. Transferred to § 22-14-15.1 by SL 2005, ch 120, § 268, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-14A, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-14A. Explosives and Destructive Devices


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-1 to 22-14A-3. Repealed by SL 1976, ch 158, § 14A-14


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-1 to 22-14A-3. Repealed by SL 1976, ch 158, § 14A-14


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-1 to 22-14A-3. Repealed by SL 1976, ch 158, § 14A-14


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-4. Sale, transportation, or possession of destructive device--Felony


Any person who knowingly sells, offers for sale, transports, or possesses any destructive device is guilty of a Class 4 felony. If such person has been previously convicted of a crime of violence in this state or elsewhere, the offense is a Class 3 felony.


CREDIT(S)


Source: SL 1972, ch 140, § 2; SL 1976, ch 158, § 14A-1; SL 1977, ch 189, § 37; SL 2005, ch 120, § 270.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-5. Carrying or placing explosive or device on vehicle or in baggage--Felony


Any person who, with intent to injure or to threaten to injure any person or property:


(1) Carries any explosive or destructive device on any vessel, aircraft, motor vehicle, or other vehicle that transports passengers for hire;


(2) Places or carries any explosive or destructive device, while on board any such vessel, aircraft, motor vehicle, or other vehicle, in any hand baggage, roll, or other container with intent to conceal the explosive or destructive device;


(3) Places any explosive or destructive device in any baggage which is later checked with any common carrier;


is guilty of a Class 2 felony.


CREDIT(S)


Source: SL 1972, ch 140, § 3; SL 1976, ch 158, § 14A-2; SL 2005, ch 120, § 271.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-6. Possession of explosive or device with intent to injure, intimidate, or destroy property--Felony


Any person who has in his or her possession any explosive or destructive device under circumstances not described in § 22-14A-5, with intent to injure, intimidate, or terrify any person, or with intent to wrongfully injure or destroy any property , is guilty of a Class 3 felony.


CREDIT(S)


Source: SL 1972, ch 140, § 4; SL 1976, ch 158, § 14A-3; SL 1977, ch 189, § 38; SL 2005, ch 120, § 272.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-7. Repealed by SL 1977, ch 189, § 126


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-8 to 22-14A-10. Repealed by SL 1976, ch 158, § 14A-14


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-8 to 22-14A-10. Repealed by SL 1976, ch 158, § 14A-14


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-8 to 22-14A-10. Repealed by SL 1976, ch 158, § 14A-14


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-11. Intentional use of device or explosive to cause serious bodily injury--Felony


Any person who explodes or ignites any destructive device or explosive with intent to cause serious bodily injury and which results in serious bodily injury is guilty of a Class 2 felony.


CREDIT(S)


Source: SL 1972, ch 140, §§ 7 to 9; SDCL Supp, §§ 22-14A-9, 22-14A-10; SL 1976, ch 158, § 14A-5; SL 2005, ch 120, § 273.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-12. Repealed by SL 1976, ch 158, § 14A-14


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-13. Unauthorized possession of substances with intent to make destructive device as felony


Any person who possesses any substance, material, or any combination of substances or materials, with the intent to make a destructive device without first obtaining a permit from the Department of Public Safety to make such device, is guilty of a Class 5 felony.


CREDIT(S)


Source: SL 1972, ch 140, § 11; SL 1976, ch 158, § 14A-6; SL 1977, ch 189, § 39.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-14, 22-14A-15. Repealed by SL 1977, ch 189, § 126


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-14, 22-14A-15. Repealed by SL 1977, ch 189, § 126


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-16. Armed forces, National Guard, law enforcement agencies, and licensed sellers or users of explosives and destructive devices exempt


The provisions of this chapter do not apply to the armed forces of the United States, the National Guard, any law enforcement agency or any officer, agent, employee, or member thereof, acting in a lawful capacity, and any person possessing a valid seller's permit or user's permit from the United States federal government for explosive and destructive devices.


CREDIT(S)


Source: SL 1972, ch 140, § 22; SL 1976, ch 159; SL 2005, ch 120, § 274.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-17. Repealed by SL 1976, ch 158, § 14A-14


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-18. Use of explosive or device to destroy another's property--Felony


Any person who intentionally destroys or attempts to destroy by the use of any explosive or destructive device, any property real or personal, not the property of such person, although done under such circumstances as not to endanger the life or safety of any human being, is guilty of a Class 4 felony. This section does not apply to any property destroyed under the direction of any firefighter or any law enforcement officer of any municipality to prevent the spread of a fire.


CREDIT(S)


Source: SDC 1939, § 13.1605; SDCL § 22-34-22; SL 1972, ch 140, § 15; SL 1976, ch 158, § 14A-10; SL 1992, ch 60, § 2; SL 2005, ch 120, § 275.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-19. Use of explosive or device to endanger human life or safety--Felony


Any person who intentionally, by the use of an explosive or destructive device, destroys or injures any occupied or unoccupied structure, motor vehicle, street, highway, railway, bridge, dam, dike, or other structure, by means of which the life or safety of any human being is endangered, is guilty of a Class 3 felony.


CREDIT(S)


Source: SDC 1939, § 13.1604; SDCL § 22-34-23; SL 1972, ch 140, § 16; SL 1976, ch 158, § 14A-11; SL 2005, ch 120, § 276.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-20. Placement of explosive or device as to endanger human life or safety--Felony


Any person who takes into, upon, under, against, or near to any occupied or unoccupied structure, motor vehicle, street, highway, railway, bridge, dam, dike , or other structure, any explosive or destructive device, with intent to destroy or injure such structure, under circumstances that if such intent were accomplished, human life or safety would be endangered thereby, is guilty of a Class 4 felony. It is no defense to a prosecution under this section that no damage is done.


CREDIT(S)


Source: SDC 1939, § 13.1603; SDCL § 22-34-24; SL 1972, ch 140, § 17; SL 1976, ch 158, § 14A-12; SL 2005, ch 120, § 277.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-21. Possession of registered or licensed destructive devices permitted


Any person may possess destructive devices that are registered with, or licensed by, the state or federal government pursuant to law.


CREDIT(S)


Source: SL 1976, ch 158, § 14A-13; SL 1977, ch 189, § 40.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-22. Transferred to § 22-11-9.2 by SL 2005, ch 120, § 279, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-23

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-23. Use of or placing hazardous or injurious devices on public land--Misdemeanor--Hazardous or injurious device defined


No person may, with the intent to cause bodily injury to another person, use or place a hazardous or injurious device on any land owned or leased by the State of South Dakota, including any highway, road, or right-of-way. A violation of this section is a Class 1 misdemeanor.


For the purposes of this section, the term, a hazardous or injurious device, means any device, which when assembled or placed, is capable of causing bodily injury, or damage to property, by the action of any person making contact with such device subsequent to the assembly or placement. The term includes guns attached to trip wires or other triggering mechanisms, ammunition attached to trip wires or other triggering mechanisms, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, lines or wires, lines or wires with hooks attached, nails, or other such devices placed so that the sharpened ends are positioned in an upright manner, or tree spiking devices including spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber, whether or not severed from the stump. However, the term does not include puncture strips placed by law enforcement officers in an immediate attempt to stop a fleeing vehicle.


CREDIT(S)


Source: SL 2000, ch 96, §§ 1, 2; SL 2005, ch 120, § 280.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-24

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-24. Use of substance or device to communicate felonious threat--Felony


Any person who intentionally communicates a threat by leaving a substance or device, thereby causing either serious public inconvenience, or the evacuation or serious disruption of a building, place of assembly, facility of public or school transport, or a school related event, is guilty of communicating a felonious threat. For the purposes of this section, a substance or device includes any actual or apparently dangerous weapon, destructive device, dangerous chemical, biological agent, poison, or harmful radioactive substance. A violation of this section is a Class 4 felony.


CREDIT(S)


Source: SL 2002, ch 105, § 1; SL 2005, ch 120, § 281.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-25

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-25. Use of hoax substance or device to cause fear--Felony


Any person who intentionally possesses, transports, uses, or places any hoax substance or hoax destructive device with the intent of causing anxiety, unrest, fear, or personal discomfort is guilty of a Class 6 felony. A hoax substance is any substance that would cause a person to reasonably believe that it is a dangerous chemical or biological agent, a poison, a harmful radioactive substance, or a similar substance. A hoax destructive device is any device that would cause a person to reasonably believe that it is a dangerous explosive or incendiary device or a similar destructive device.


CREDIT(S)


Source: SL 2002, ch 105, § 2; SL 2005, ch 120, § 282.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-26

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-26. Persons convicted of certain crimes may be ordered to make restitution


The court may, after conviction or adjudication of any violation of § 22-11-9.2, 22-14A-24, or 22-14A-25, conduct a hearing to ascertain the extent of costs incurred, damages, and financial loss suffered by local, county, or state public safety agencies, and the amount of property damage caused as a result of the crime. A person found guilty of violating § 22-11-9.2, 22-14A-24, or 22-14A-25, may upon conviction, be ordered to make restitution to the local, county, or state public service agency for any cost incurred, damages, and financial loss or property damage sustained as a result of the commission of the crime.


CREDIT(S)


Source: SL 2002, ch 105, § 3; SL 2005, ch 120, § 283.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-14A-27

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-14A. Explosives and Destructive Devices (Refs & Annos)

22-14A-27. No cause of action against good faith response to felonious threat


The provisions of § 22-11-9.2, 22-14A-24, or 22-14A-25 may not be construed to create any cause of action against any person based upon or arising out of any act or omission relating to any good faith response to a felonious threat or an attempted felonious threat.


CREDIT(S)


Source: SL 2002, ch 105, § 5; SL 2005, ch 120, § 284.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-15, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-15. Dueling [Repealed]


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-16, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-16. Homicide and Suicide


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-1. Homicide defined


Homicide is the killing of one human being, including an unborn child, by another. Homicide is either:


(1) Murder;


(2) Manslaughter;


(3) Excusable homicide;


(4) Justifiable homicide; or


(5) Vehicular homicide.


CREDIT(S)


Source: SDC 1939, § 13.2001; SL 1985, ch 176; SL 1995, ch 122, § 10; SL 2005, ch 120, § 150.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

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.


CREDIT(S)


Source: SL 1995, ch 122, § 3; SL 2005, ch 120, § 151.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-2. Corpus delicti--Proof beyond reasonable doubt


No person may be convicted of murder or manslaughter, or of aiding suicide, unless the death of the person alleged to have been killed, and the fact of the killing by the accused are each established as independent facts beyond a reasonable doubt.


CREDIT(S)


Source: SDC 1939, § 13.2006; SL 2005, ch 120, § 152.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-3. Relationship between accused and victim bearing on degree of homicide


If the degree of homicide is made to depend upon its having been committed under circumstances evidencing a depraved mind or unusual cruelty, or in a cruel manner, the jury may take into consideration any domestic or confidential relationship which existed between the accused and the person killed.


CREDIT(S)


Source: SDC 1939, § 13.2005; SL 1976, ch 158, § 16-1; SL 2005, ch 120, § 153.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-4. Homicide as murder in the first degree


Homicide is murder in the first degree :


(1) If perpetrated without authority of law and with a premeditated design to effect the death of the person killed or of any other human being, including an unborn child; or


(2) If committed by a person engaged in the perpetration of, or attempt to perpetrate, any arson, rape, robbery, burglary, kidnapping, or unlawful throwing, placing, or discharging of a destructive device or explosive.


Homicide is also murder in the first degree if committed by a person who perpetrated, or who attempted to perpetrate, any arson, rape, robbery, burglary, kidnapping or unlawful throwing, placing or discharging of a destructive device or explosive and who subsequently effects the death of any victim of such crime to prevent detection or prosecution of the crime.


CREDIT(S)


Source: SDC 1939, § 13.2007 (1); SL 1979, ch 160, § 2; SL 1980, ch 173, § 9; SL 1992, ch 161; SL 2005, ch 120, § 154.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-5. Premeditated design to effect the death defined


The term, premeditated design to effect the death, means an intention, purpose, or determination to kill or take the life of the person killed, distinctly formed and existing in the mind of the perpetrator before committing the act resulting in the death of the person killed. A premeditated design to effect death sufficient to constitute murder may be formed instantly before committing the act.


CREDIT(S)


Source: SDC 1939, § 13.2008; SL 1978, ch 158, § 8; SL 2005, ch 120, § 155.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-6. Anger or voluntary intoxication not reducing degree of crime


Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time.


CREDIT(S)


Source: SDC 1939, § 13.2009.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-7. Homicide as murder in the second degree


Homicide is murder in the second degree if perpetrated by any act imminently dangerous to others and evincing a depraved mind, without regard for human life, although without any premeditated design to effect the death of any particular person, including an unborn child.


CREDIT(S)


Source: SDC 1939, § 13.2007 (2); SL 1980, ch 173, § 10; SL 2005, ch 120, § 156.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-8. Lack of intent to injure not reducing degree of crime


Homicide perpetrated by an act imminently dangerous to others and evincing a depraved mind, without regard for human life, is not the less murder because there was no actual intent to injure others.


CREDIT(S)


Source: SDC 1939, § 13.2007 (4); SL 2005, ch 120, § 157.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-9. Repealed by SL 2005, ch 120, § 158, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-10, 22-16-11. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-10, 22-16-11. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-12. Classification of murder


Murder in the first degree is a Class A felony. Murder in the second degree is a Class B felony.


CREDIT(S)


Source: SDC 1939, § 13.2012; SL 1939, ch 30; SL 1955, ch 28; SL 1976, ch 158, § 16-2; SL 1978, ch 349, § 9; SL 1980, ch 173, § 12.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-13, 22-16-14. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-13, 22-16-14. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-15. Homicide as manslaughter in first degree--Felony


Homicide is manslaughter in the first degree if perpetrated:


(1) Without any design to effect death, including an unborn child, while engaged in the commission of any felony other than as provided in § 22-16-4(2);


(2) Without any design to effect death, including an unborn child, and in a heat of passion, but in a cruel and unusual manner;


(3) Without any design to effect death, including an unborn child, but by means of a dangerous weapon;


(4) Unnecessarily, either while resisting an attempt by the person killed to commit a crime or after such attempt has failed.


Manslaughter in the first degree is a Class C felony.


CREDIT(S)


Source: SDC 1939, §§ 13.2013, 13.2015; SDCL §§ 22-16-16, 22-16-17, 22-16-19; SL 1976, ch 158, § 16-3; SL 1977, ch 189, § 41; SL 1995, ch 122, § 11; SL 2005, ch 120, § 160.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-16 to 22-16-19. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-16 to 22-16-19. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-16 to 22-16-19. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-16 to 22-16-19. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-20. Manslaughter in the second degree


Any reckless killing of one human being, including an unborn child, by the act or procurement of another which, under the provisions of this chapter, is neither murder nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree. Manslaughter in the second degree is a Class 4 felony.


CREDIT(S)


Source: SDC 1939, §§ 13.2016, 13.2023; SDCL § 22-16-29; SL 1968, ch 32; SL 1976, ch 158, § 16-4; SL 1977, ch 189, § 42; SL 1995, ch 122, § 12.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-20.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-20.1. Lesser included offenses


Murder in the second degree is a lesser included offense of murder in the first degree. Manslaughter in the first degree is a lesser included offense of murder in the first degree and murder in the second degree. Manslaughter in the second degree is a lesser included offense of murder in the first degree, murder in the second degree, and manslaughter in the first degree.


CREDIT(S)


Source: SL 2005, ch 120, § 436.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-20.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-20.2. Lesser included offense instruction


A lesser included offense instruction shall be given at any homicide trial whenever any facts are submitted to the trier of fact which would support such an offense pursuant to this chapter. The state and the defendant each have the separate right to request a lesser included offense instruction. The failure to request a lesser included offense instruction constitutes a waiver of the right to such an instruction.


CREDIT(S)


Source: SL 2005, ch 120, § 437.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-21 to 22-16-29. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-21 to 22-16-29. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-23

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-21 to 22-16-29. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-24

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-21 to 22-16-29. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-25

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-21 to 22-16-29. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-26

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-21 to 22-16-29. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-27

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-21 to 22-16-29. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-28

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-21 to 22-16-29. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-29

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-21 to 22-16-29. Repealed by SL 1976, ch 158, § 16-9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-30

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-30. Excusable homicide--Lawful acts


Homicide is excusable if committed by accident and misfortune in doing any lawful act, with usual and ordinary caution.


CREDIT(S)


Source: SDC 1939, § 13.2002 (1); SL 1976, ch 158, § 16-5; SL 2005, ch 120, § 161.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-31

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-31. Excusable homicide--Heat of passion--Provocation--Sudden combat--Limitations


Homicide is excusable if committed by accident and misfortune in the heat of passion, upon sudden and sufficient provocation, or upon a sudden combat. However, to be excusable, no undue advantage may be taken nor any dangerous weapon used and the killing may not be done in a cruel or unusual manner.


CREDIT(S)


Source: SDC 1939, § 13.2002 (2); SL 2005, ch 120, § 162.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-32

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-32. Justifiable homicide-Law enforcement officers or at command of officer--Overcoming resistance--Capturing or arresting fleeing felons


Homicide is justifiable if committed by a law enforcement officer or by any person acting by command of a law enforcement officer in the aid and assistance of that officer:


(1) If necessarily committed in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty; or


(2) If necessarily committed in retaking felons who have been rescued or who have escaped; or


(3) If necessarily committed in arresting felons fleeing from justice.


CREDIT(S)


Source: SDC 1939, § 13.2004; SL 1976, ch 158, § 16-9; SL 1977, ch 189, § 43; SL 2005, ch 120, § 163.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-33

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-33. Justifiable homicide--Apprehending felon--Suppressing riot--Preserving peace


Homicide is justifiable if necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.


CREDIT(S)


Source: SDC 1939, § 13.2003 (3); SL 2005, ch 120, § 164.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-34

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

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.


CREDIT(S)


Source: SDC 1939, § 13.2003 (1); SL 2005, ch 120, § 165.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-35

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

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.


CREDIT(S)


Source: SDC 1939, § 13.2003 (2); SL 2005, ch 120, § 166.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-36

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-36. Suicide defined


Suicide is the intentional taking of one's own life.


CREDIT(S)


Source: SDC 1939, § 13.1901; SL 1968, ch 31, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-37

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-37. Aiding and abetting suicide--Felony


Any person who intentionally in any manner advises, encourages, abets, or assists another person in taking or in attempting to take his or her own life is guilty of a Class 6 felony.


CREDIT(S)


Source: SDC 1939, §§ 13.1902, 13.1903; SDCL § 22-16-38; SL 1968, ch 31, § 1; SL 1976, ch 158, § 16-7; SL 2005, ch 120, § 167.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-37.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-37.1 to 22-16-37.7. Transferred to §§ 34-12D-23 to 34-12D-29 by SL 2005, ch 120, § 170, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-37.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-37.1 to 22-16-37.7. Transferred to §§ 34-12D-23 to 34-12D-29 by SL 2005, ch 120, § 170, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-37.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-37.1 to 22-16-37.7. Transferred to §§ 34-12D-23 to 34-12D-29 by SL 2005, ch 120, § 170, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-37.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-37.1 to 22-16-37.7. Transferred to §§ 34-12D-23 to 34-12D-29 by SL 2005, ch 120, § 170, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-37.5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-37.1 to 22-16-37.7. Transferred to §§ 34-12D-23 to 34-12D-29 by SL 2005, ch 120, § 170, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-37.6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-37.1 to 22-16-37.7. Transferred to §§ 34-12D-23 to 34-12D-29 by SL 2005, ch 120, § 170, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-37.7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-37.1 to 22-16-37.7. Transferred to §§ 34-12D-23 to 34-12D-29 by SL 2005, ch 120, § 170, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-38

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-38. Repealed by SL 1968, ch 31, § 1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-39

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-39. Incapability of suicide no defense


It is no defense to a prosecution for aiding suicide that the person who committed or attempted to commit suicide was not a person deemed capable of committing crime.


CREDIT(S)


Source: SDC 1939, § 13.1903 as enacted by SL 1968, ch 31, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-40

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-40. Duty of law officers to report suicide attempts


Any law enforcement officer who has knowledge that any party has attempted to take his or her own life shall immediately notify the state's attorney.


CREDIT(S)


Source: SL 1968, ch 31, § 2; SL 1976, ch 158, § 16-8; SL 2005, ch 120, § 171.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-41

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-41. Vehicular homicide


Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by § 32-23-1, without design to effect death, operates or drives a vehicle of any kind in a negligent manner and thereby causes the death of another person, including an unborn child, is guilty of vehicular homicide. Vehicular homicide is a Class 3 felony. In addition to any other penalty prescribed by law, the court shall order that the driver's license of any person convicted of vehicular homicide be revoked for a period of not less than ten years from the date sentence is imposed or ten years from the date of initial release from imprisonment, whichever is later. In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation.


CREDIT(S)


Source: SL 1983, ch 176, § 1; SL 1988, ch 186; SL 1993, ch 174, § 1; SL 1995, ch 122, § 8; SL 2000, ch 97, § 1; SL 2000, ch 98, § 1; SL 2006, ch 165, § 5; SL 2006, ch 168, § 16; SL 2009, ch 115, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-16-42

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-16. Homicide and Suicide (Refs & Annos)

22-16-42. Transferred to § 22-18-36 by SL 2005, ch 120, § 172, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-17, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-17. Unauthorized Abortion


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-1. Repealed by SL 1977, ch 189, § 126


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-1.1 to 22-17-4. Repealed by SL 1976, ch 158, § 17-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-1.1 to 22-17-4. Repealed by SL 1976, ch 158, § 17-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-1.1 to 22-17-4. Repealed by SL 1976, ch 158, § 17-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-1.1 to 22-17-4. Repealed by SL 1976, ch 158, § 17-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-5. Unauthorized abortion as felony


Any person who performs, procures or advises an abortion other than authorized by chapter 34-23A is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1977, ch 189, § 44.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-5.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-5.1. Procurement of abortion prohibited--Exception to preserve life of pregnant female--Felony


<Section effective on the date states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy>


Any person who administers to any pregnant female or who prescribes or procures for any pregnant female any medicine, drug, or substance or uses or employs any instrument or other means with intent thereby to procure an abortion, unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female, is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 2005, ch 187, § 6.


EFFECTIVE DATE


<Section 7 of SL 2005, ch 187, as amended by SL 2005, ch 188, § 1, provides:>


<“This Act is effective on the date that the states are recognized by the United States Supreme Court to have the authority to prohibit abortion at all stages of pregnancy.”>


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-6. Intentional killing of human fetus by unauthorized injury to mother


Any person who intentionally kills a human fetus by causing an injury to its mother, which is not authorized by chapter 34-23A, is guilty of a Class 4 felony.


CREDIT(S)


Source: SL 1977, ch 189, § 45.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-7 to 22-17-12. Rejected by referendum


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-7 to 22-17-12. Rejected by referendum


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-7 to 22-17-12. Rejected by referendum


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-7 to 22-17-12. Rejected by referendum


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-7 to 22-17-12. Rejected by referendum


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-17-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-17. Unauthorized Abortion (Refs & Annos)

22-17-7 to 22-17-12. Rejected by referendum


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-18, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-18. Assaults and Personal Injuries


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-1. Simple assault--Misdemeanor--Felony for subsequent offenses


Any person who:


(1) Attempts to cause bodily injury to another and has the actual ability to cause the injury;


(2) Recklessly causes bodily injury to another;


(3) Negligently causes bodily injury to another with a dangerous weapon;


(4) Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or


(5) Intentionally causes bodily injury to another which does not result in serious bodily injury;


is guilty of simple assault. Simple assault is a Class 1 misdemeanor. However, if the defendant has been convicted of, or entered a plea of guilty to, two or more violations of § 22-18-1, 22-18-1.1, 22-18-26, or 22-18-29 within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third or subsequent offense.


CREDIT(S)


Source: SDC 1939, §§ 13.2401, 13.2403; SDCL § 22-18-8; SL 1973, ch 147; SL 1976, ch 158, § 18-1; SL 1980, ch 173, § 2; SL 1981, ch 174; SL 1998, ch 132, § 1; SL 1999, ch 117, § 1; SL 2005, ch 120, § 1; SL 2011, ch 115, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-1.05

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-1.05. Simple or aggravated assault against law enforcement officer, Department of Corrections employee or person under contract, or other public officer


Simple assault, as provided in § 22-18-1, if committed against a law enforcement officer, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occurred while such officer or employee was engaged in the performance of the officer's or employee's duties, is a Class 6 felony.


Aggravated assault, as provided in § 22-18-1.1, if committed against a law enforcement officer, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occurred while such officer or employee was engaged in the performance of the officer's or employee's duties, is a Class 2 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-1.1. Aggravated assault--Felony


Any person who:


(1) Attempts to cause serious bodily injury to another, or causes such injury, under circumstances manifesting extreme indifference to the value of human life;


(2) Attempts to cause, or knowingly causes, bodily injury to another with a dangerous weapon;


(3) Deleted by SL 2005, ch 120, § 2;


(4) Assaults another with intent to commit bodily injury which results in serious bodily injury;


(5) Attempts by physical menace with a deadly weapon to put another in fear of imminent serious bodily harm; or


(6) Deleted by SL 2005, ch 120, § 2;


(7) Deleted by SL 2012, ch 123, § 4;


(8) Attempts to induce a fear of death or imminent serious bodily harm by impeding the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck, or by blocking the nose and mouth;


is guilty of aggravated assault. Aggravated assault is a Class 3 felony.


CREDIT(S)


Source: SDC 1939, §§ 13.1601, 13.2101, 13.2202, 13.2302, 13.2404; SL 1941, ch 46; SDCL §§ 22-18-9 to 22-18-11, 22-18-15, 22-18-21; SL 1976, ch 158, § 18-2; SL 1977, ch 189, §§ 46, 47; SL 1980, ch 173, § 3; SL 1981, ch 13, § 5; SL 1986, ch 180; SL 1997, ch 130, § 4; SL 2002, ch 106, § 1; SL 2005, ch 120, § 2; SL 2012, ch 122, § 1; SL 2012, ch 123, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-1.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-1.2. Criminal battery of an unborn child--Misdemeanor


Any person who assaults a pregnant woman and inflicts bodily injury on an unborn child who is subsequently born alive is guilty of criminal battery of an unborn child. Criminal battery of an unborn child is a Class 1 misdemeanor. For the purposes of this section, the term, bodily injury, does not include the inducement of the unborn child's birth if done for bona fide medical purposes.


CREDIT(S)


Source: SL 1995, ch 122, § 7; SL 2005, ch 120, § 4; SL 2012, ch 123, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-1.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-1.3. Aggravated criminal battery of an unborn child--Felony


Any person who assaults a pregnant woman and inflicts serious bodily injury on an unborn child who is subsequently born alive is guilty of aggravated criminal battery of an unborn child. Aggravated criminal battery of an unborn child is a Class 3 felony.


CREDIT(S)


Source: SL 1995, ch 122, § 6; SL 2005, ch 120, § 5; SL 2012, ch 123, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-1.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-1.4. Aggravated battery of an infant--Felony


Any person who intentionally or recklessly causes serious bodily injury to an infant, less than three years old, by causing any intracranial or intraocular bleeding, or swelling of or damage to the brain, whether caused by blows, shaking, or causing the infant's head to impact with an object or surface is guilty of aggravated battery of an infant. Aggravated battery of an infant is a Class 2 felony. A second or subsequent violation of this section is a Class 1 felony.


CREDIT(S)


Source: SL 2012, ch 123, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-2. Justifiable force used by public officer in performance of duty--Assistance or direction of officer


To use or attempt to use or offer to use force or violence upon or toward the person of another is not unlawful if necessarily committed by a public officer in the performance of any legal duty or by any other person assisting the public officer or acting by the public officer's direction.


CREDIT(S)


Source: SDC 1939, § 13.2402 (1); SL 2005, ch 120, § 6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-3. Lawful force in arrest and delivery of felon


To use or attempt to use or offer to use force or violence upon or toward the person of another is not unlawful if necessarily committed by any person in arresting someone who has committed any felony or in delivering that person to a public officer competent to receive him or her in custody.


CREDIT(S)


Source: SDC 1939, § 13.2402 (2); SL 2005, ch 120, § 7.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-4. Justifiable use of force to protect property--Use of deadly force--Duty to retreat


Any person is justified in the use of force or violence against another person when the person reasonably believes that such conduct is necessary to prevent or terminate the other person's trespass on or other criminal interference with real property or personal property lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal right to protect. However, the person is justified in the use of deadly force only as provided in §§ 22-16-34 and 22-16-35. A person does not have a duty to retreat if the person is in a place where he or she has a right to be.


CREDIT(S)


Source: SDC 1939, § 13.2402 (3); SL 2005, ch 120, § 8; SL 2006, ch 116, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-5. Reasonable force used by parent, guardian, or teacher in correcting child, pupil, or ward


To use or attempt to use or offer to use force upon or toward the person of another is not unlawful if committed by a parent or the authorized agent of any parent, or by any guardian, teacher, or other school official, in the exercise of a lawful authority to restrain or correct the child, pupil, or ward and if restraint or correction has been rendered necessary by the misconduct of the child, pupil, or ward, or by the child's refusal to obey the lawful command of such parent, or authorized agent, guardian, teacher, or other school official, and the force used is reasonable in manner and moderate in degree.


CREDIT(S)


Source: SDC 1939, § 13.2402 (4); SL 1976, ch 158, § 18-3; SL 1977, ch 189, § 48; SL 1990, ch 128, § 2; SL 2005, ch 120, § 9.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-6. Reasonable force used by carrier to expel passenger--Vehicle stopped


A carrier of passengers or the authorized agent or servant of such carrier or any person assisting such person at his or her request, may use or attempt to use or offer to use force to expel any passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers if the vehicle carrying the passenger has first been stopped and the force used is not more than is sufficient to expel the offending passenger with reasonable regard for the passenger's personal safety.


CREDIT(S)


Source: SDC 1939, § 13.2402 (5); SL 1976, ch 158, § 18-4; SL 2005, ch 120, § 10.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-23

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-24

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-25

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-7 to 22-18-25. Repealed by SL 1976, ch 158, § 18-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-26

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-26. Assault by convicted or incarcerated person under Department of Corrections jurisdiction--Intentionally causing contact with bodily fluids or human waste--Felony


Any convicted person or any incarcerated person under the jurisdiction of the Department of Corrections who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a Department of Corrections employee, or visitor, or other person authorized by the Department of Corrections to be on the premises, is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1997, ch 130, § 1; SL 2005, ch 120, § 11.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-26.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-26.1. Intentionally causing contact with bodily fluids or human waste--Assault upon any other person--Misdemeanor


Any person who, with the intent to assault, throws, smears, spits, or causes human blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with any other person, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2002, ch 107, § 1; SL 2003, ch 124, § 1; SL 2005, ch 120, § 12.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-27

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-27, 22-18-28. Repealed by SL 2005, ch 120, §§ 13, 14, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-28

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-27, 22-18-28. Repealed by SL 2005, ch 120, §§ 13, 14, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-29

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-29. Assault by adult prisoner in county or municipal jail--Intentionally causing contact with bodily fluids or human waste--Felony


Any adult confined in a county or municipal jail who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a county or municipal jail employee, or visitor, or other person authorized by the county or municipal jail to be on the premises, is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1997, ch 130, § 6; SL 1998, ch 133, § 1; SL 1999, ch 118, § 1; SL 2005, ch 120, § 15.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-29.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-29.1. Assault by juvenile confined in detention facility or juvenile corrections facility--Intentionally causing contact with bodily fluids or human waste--Felony


Any juvenile confined in a juvenile detention facility or a juvenile corrections facility established and maintained in accordance with § 26-11A-1 who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a juvenile detention or juvenile corrections facility employee, or visitor, or other person authorized by the juvenile detention or juvenile corrections facility to be on the premises, is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1999, ch 118, § 2; SL 2005, ch 120, § 16.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-30

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-30. Violation as third or subsequent offense--Use of offense in another state


Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would constitute a violation of § 22-18-1, 22-18-1.1, 22-18-26, or 22-18-29, and which occurs within ten years prior to the date of the violation being charged, shall be used to determine if the violation to be charged is a third or subsequent offense pursuant to § 22-18-1.


CREDIT(S)


Source: SL 1999, ch 117, § 2; SL 2012, ch 124, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-31

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-31. Intentional exposure to HIV infection a felony


Any person who, knowing himself or herself to be infected with HIV, intentionally exposes another person to infection by:


(1) Engaging in sexual intercourse or other intimate physical contact with another person;


(2) Transferring, donating, or providing blood, tissue, semen, organs, or other potentially infectious body fluids or parts for transfusion, transplantation, insemination, or other administration to another in any manner that presents a significant risk of HIV transmission;


(3) Dispensing, delivering, exchanging, selling, or in any other way transferring to another person any nonsterile intravenous or intramuscular drug paraphernalia that has been contaminated by himself or herself; or


(4) Throwing, smearing, or otherwise causing blood or semen, to come in contact with another person for the purpose of exposing that person to HIV infection; is guilty of criminal exposure to HIV.


Criminal exposure to HIV is a Class 3 felony.


CREDIT(S)


Source: SL 2000, ch 99, § 1; SL 2005, ch 120, § 17.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-32

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-32. Definition of terms


Terms used in §§ 22-18-31 to 22-18-34, inclusive, mean:


(1) “HIV,” the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome;


(2) “Intimate physical contact,” bodily contact which exposes a person to the body fluid of the infected person in any manner that presents a significant risk of HIV transmission; and


(3) “Intravenous or intramuscular drug paraphernalia,” any equipment, product, or material of any kind which is peculiar to and marketed for use in injecting a substance into the human body.


CREDIT(S)


Source: SL 2000, ch 99, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-33

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-33. Informed consent of person exposed to HIV an affirmative defense


It is an affirmative defense to prosecution pursuant to § 22-18-31, if it is proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge.


CREDIT(S)


Source: SL 2000, ch 99, § 3; SL 2005, ch 120, § 18.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-34

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-34. Actual transmission of HIV not required for criminal exposure


Nothing in §§ 22-18-31 to 22-18-34, inclusive, may be construed to require the actual transmission of HIV in order for a person to have committed the offense of criminal exposure to HIV.


CREDIT(S)


Source: SL 2000, ch 99, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-35

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-35. Disorderly conduct--Misdemeanor


Any person who intentionally causes serious public inconvenience, annoyance, or alarm to any other person, or creates a risk thereof by:


(1) Engaging in fighting or in violent or threatening behavior;


(2) Making unreasonable noise;


(3) Disturbing any lawful assembly or meeting of persons without lawful authority; or


(4) Obstructing vehicular or pedestrian traffic;


is guilty of disorderly conduct. Disorderly conduct is a Class 2 misdemeanor. However, if the defendant has been convicted of, or entered a plea of guilty to, three or more violations of this section, within the preceding ten years, the defendant is guilty of a Class 1 misdemeanor for any fourth or subsequent offense.


CREDIT(S)


Source: SDC 1939, §§ 13.1401, 13.1409, 13.1421; SDCL §§ 22-13-2, 22-13-3; SL 1976, ch 158, § 13-1; SL 1984, ch 164; SDCL § 22-13-1; SL 2005, ch 120, §§ 130, 131; SL 2007, ch 142, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-18-36

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-18. Assaults and Personal Injuries (Refs & Annos)

22-18-36. Vehicular battery


Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by § 32-23-1, without design to effect serious bodily injury, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes the serious bodily injury of another person, including an unborn child, is guilty of vehicular battery. Vehicular battery is a Class 4 felony. In addition to any other penalty prescribed by law, the court shall order that the driver's license of any person convicted of vehicular battery be revoked for a period of not less than three years from the date sentence is imposed or three years from the date of initial release from imprisonment, whichever is later. In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation.


CREDIT(S)


Source: SL 1993, ch 174, § 2; SL 1995, ch 122, § 9; SL 2000, ch 98, § 2; SDCL § 22-16-42; SL 2005, ch 120, § 172; SL 2006, ch 168, § 17; SL 2009, ch 115, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-19, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-19. Kidnapping


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-1. Kidnapping--Aggravated kidnapping in the first degree--Class of felony


Any person who, either unlawfully removes another person from the other's place of residence or employment, or who unlawfully removes another person a substantial distance from the vicinity where the other was at the commencement of the removal, or who unlawfully confines another person for a substantial period of time, with any of the following purposes:


(1) To hold for ransom or reward, or as a shield or hostage; or


(2) To facilitate the commission of any felony or flight thereafter; or


(3) To inflict bodily injury on or to terrorize the victim or another; or


(4) To interfere with the performance of any governmental or political function; or


(5) To take or entice away a child under the age of fourteen years with intent to detain and conceal such child;


is guilty of kidnapping in the first degree. Kidnapping in the first degree is a Class C felony, unless the person has inflicted serious bodily injury on the victim, in which case it is aggravated kidnapping in the first degree and is a Class B felony.


CREDIT(S)


Source: SDC 1939, § 13.2701; SL 1939, ch 31, § 1; SL 1955, ch 29, § 1; SL 1957, ch 32, § 1; SL 1976, ch 158, § 19-1; SL 1979, ch 160, § 3; SL 1993, ch 175, § 1; SL 2005, ch 120, § 115.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-1.1. Kidnapping in the second degree


Any person who unlawfully holds or retains another person with any of the following purposes:


(1) To hold for ransom or reward, or as a shield or hostage; or


(2) To facilitate the commission of any felony or flight thereafter; or


(3) To inflict bodily injury on or to terrorize the victim or another; or


(4) To interfere with the performance of any governmental or political function; or


(5) To take or entice away a child under the age of fourteen years with intent to detain and conceal such child;


is guilty of kidnapping in the second degree. Kidnapping in the second degree is a Class 3 felony, unless the person has inflicted serious bodily injury on the victim in which case it is aggravated kidnapping in the second degree and is a Class 1 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 447.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-2 to 22-19-5. Repealed by SL 1976, ch 158, § 19-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-2 to 22-19-5. Repealed by SL 1976, ch 158, § 19-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-2 to 22-19-5. Repealed by SL 1976, ch 158, § 19-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-2 to 22-19-5. Repealed by SL 1976, ch 158, § 19-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-6. Possession of ransom or reward--Felony


Any person who receives, possesses, or disposes of any money or other property which has, at any time, been delivered as ransom or reward in connection with a kidnapping and who knows that the money or property is ransom or reward in connection with a kidnapping, is guilty of a Class 3 felony.


CREDIT(S)


Source: SDC 1939, § 13.2703; SL 1976, ch 158, § 19-2; SL 2005, ch 120, § 116.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-7. Repealed by SL 1993, ch 175 § 2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-7.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-7.1. Enticing away a child--Misdemeanor--Subsequent violation felony


No person may attempt, by any means, to take, allure, or entice away a child under the age of sixteen for any illegal purpose. A violation of this section is a Class 1 misdemeanor. Any subsequent violation is a Class 6 felony.


CREDIT(S)


Source: SL 1997, ch 136, § 1; SL 2005, ch 120, § 117.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-8. Substitution of infant with intent to deceive


Any person to whom an infant has been confided, who, with intent to deceive the parent or guardian of the child, substitutes or produces another child in the place of the one so confided, is guilty of a Class 5 felony.


CREDIT(S)


Source: SL 1976, ch 158, § 19-4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-9. Taking, enticing away, or keeping of unmarried minor child by parent--Misdemeanor--Subsequent violation felony


Any parent who takes, entices away, or keeps his or her unmarried minor child from the custody or visitation of the other parent, or any other person having lawful custody or right of visitation, in violation of a custody or visitation determination entitled to enforcement by the courts of this state, without prior consent is guilty of a Class 1 misdemeanor. Any subsequent violation of this section is a Class 6 felony.


CREDIT(S)


Source: SL 1979, ch 171, § 7; SL 1980, ch 174, § 1; SL 1985, ch 178, § 1; SL 2005, ch 120, § 118.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-10. Removal of child from state--Felony


Any parent who violates § 22-19-9 and causes the unmarried minor child, taken, enticed, or kept from the child's lawful custodian, to be removed from the state is guilty of a Class 5 felony.


CREDIT(S)


Source: SL 1980, ch 174, § 2; SL 1985, ch 178, § 2; SL 2005, ch 120, § 119.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-11. Failure to report offense as complete defense


It is a complete defense to a prosecution for a violation of §§ 22-19-9 and 22-19-10 that the person having lawful custody or right of visitation failed to report the offense to law enforcement authorities within ninety days of the offense.


CREDIT(S)


Source: SL 1980, ch 174, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-12. Expense of child's return


The state or any other unit of government incurring financial expense for the return of the child may charge that cost against the person extradited if that person is found guilty of a violation of § 22-19-10. Such expense may be charged against the person filing the charge if the person extradited is found not guilty of a violation of § 22-19-10.


CREDIT(S)


Source: SL 1981, ch 175; SL 2005, ch 120, § 120.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-13 to 22-19-16. Transferred to §§ 26-17-1 to 26-17-4 by SL 2005, ch 120, § 125, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-13 to 22-19-16. Transferred to §§ 26-17-1 to 26-17-4 by SL 2005, ch 120, § 125, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-13 to 22-19-16. Transferred to §§ 26-17-1 to 26-17-4 by SL 2005, ch 120, § 125, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-13 to 22-19-16. Transferred to §§ 26-17-1 to 26-17-4 by SL 2005, ch 120, § 125, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19. Kidnapping (Refs & Annos)

22-19-17. False imprisonment--Misdemeanor


Any person who knowingly and purposely restrains another person unlawfully so as to substantially interfere with such person's liberty is guilty of false imprisonment. False imprisonment is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2005, ch 120, § 126.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-19A, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-19A. Stalking


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-1. Stalking as a misdemeanor--Second offense a felony


No person may:


(1) Willfully, maliciously, and repeatedly follow or harass another person;


(2) Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or


(3) Willfully, maliciously, and repeatedly harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication.


A violation of this section constitutes the crime of stalking. Stalking is a Class 1 misdemeanor. However, any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony.


CREDIT(S)


Source: SL 1992, ch 162, § 1; SL 1993, ch 176, § 1; SL 1997, ch 132, § 1; SL 2001, ch 112, § 1; SL 2002, ch 109, § 5; SL 2006, ch 120, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-2. Violation of restraining order, injunction, or protection order as felony


Any person who violates § 22-19A-1 when there is a temporary restraining order, or an injunction, or a protection order, in effect prohibiting the behavior described in § 22-19A-1 against the same party, is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1992, ch 162, § 2; SL 1993, ch 176, § 2; SL 1994, ch 164.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-3. Subsequent convictions as felony


A second or subsequent conviction occurring within seven years of a prior conviction under § 22-19A-1, 22-19A-2, or 22-19A-7 against the same victim, and involving an act of violence, or a credible threat of violence, is guilty of a Class 5 felony.


CREDIT(S)


Source: SL 1992, ch 162, § 3; SL 1993, ch 176, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-4. Harasses defined


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.


CREDIT(S)


Source: SL 1992, ch 162, § 4; SL 1993, ch 176, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-5. Course of conduct defined


For the purposes of this chapter, course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of course of conduct.


CREDIT(S)


Source: SL 1992, ch 162, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-6. Credible threat defined


For the purposes of this chapter, a credible threat means a threat made with the intent and the apparent ability to carry out the threat. A credible threat need not be expressed verbally.


CREDIT(S)


Source: SL 1992, ch 162, § 6; SL 1993, ch 176, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-7. Stalking a child twelve or younger--Felony


Any person who willfully, maliciously, and repeatedly follows or harasses a child twelve years of age or younger or who makes a credible threat to a child twelve years of age or younger with the intent to place that child in reasonable fear of death or great bodily injury or with the intent to cause the child to reasonably fear for the child's safety is guilty of the crime of felony stalking. Felonious stalking is a Class 6 felony.


CREDIT(S)


Source: SL 1993, ch 176, § 6; SL 2002, ch 108, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-8. Petition for protection order--Procedures


There exists an action known as a petition for a protection order in cases of stalking, in cases of physical injury as a result of an assault, or in cases of a crime of violence as defined in subdivision 22-1-2(9). Procedures for the action are as follows:


(1) A petition under this section may be made against any person who violates § 22-19A-1 or against any other person against whom stalking or physical injury as a result of an assault or in cases where a crime of violence is alleged;


(2) A petition shall allege the existence of (a) stalking or (b) physical injury as a result of an assault or (c) a crime of violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the stalking or the physical injury as a result of an assault or crime of violence;


(3) A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.


The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. The attorney general shall prepare the standard petition form.


CREDIT(S)


Source: SL 1997, ch 131, § 1; SL 2000, ch 101, § 2; SL 2002, ch 129, § 2; SL 2007, ch 143, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-9. Filing petition for protection--Venue


A petition for relief under §§ 22-19A-8 to 22-19A-16, inclusive, may be filed in circuit court or in a magistrate court with a magistrate judge presiding. Venue lies where any party to the proceedings resides.


CREDIT(S)


Source: SL 1997, ch 131, § 2; SL 2008, ch 108, § 1, eff. Feb. 19, 2008.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-10. Hearing on petition for protection--Time--Service on respondent


Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless for good cause the court grants a continuance. Personal service of the petition, affidavit, and notice for hearing shall be made on the respondent not less than five days prior to the hearing.


CREDIT(S)


Source: SL 1997, ch 131, § 3; SL 2009, ch 131, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-11. Relief granted by protection order


Upon notice and a hearing, if the court finds by a preponderance of the evidence that stalking has taken place, the court may provide relief as follows:


(1) Restrain any party from committing acts of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9);


(2) Order other relief as the court deems necessary for the protection of the person seeking the protection order, including orders or directives to law enforcement officials.


Any relief granted by the order for protection shall be for a fixed period and may not exceed five years.


CREDIT(S)


Source: SL 1997, ch 131, § 4; SL 2000, ch 101, § 3; SL 2007, ch 161, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-12. Ex parte temporary order pending full hearing on petition for protection


If an affidavit filed with an application under § 22-19A-8 alleges that immediate and irreparable injury, loss, or damage is likely to result before an adverse party or the party's attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing and granting relief as the court deems proper, including an order restraining any person from committing acts of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9). An ex parte temporary protection order is effective for a period of thirty days unless for good cause the court grants a continuance. No continuance may exceed thirty days. If a continuance is granted, the court by order shall extend the ex parte temporary protection order until the rescheduled hearing date. The respondent shall be personally served forthwith with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the date set for the hearing.


CREDIT(S)


Source: SL 1997, ch 131, § 5; SL 2000, ch 101, § 4; SL 2009, ch 132, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-13. Exceptional circumstances required before court action authorized


The court may not require an undertaking or other security of any party to a petition for an order of protection other than in exceptional circumstances.


CREDIT(S)


Source: SL 1997, ch 131, § 6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-14. Modification of terms of protection order


Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection.


CREDIT(S)


Source: SL 1997, ch 131, § 7.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-15. Delivery of protection order to law enforcement agency--Notice of order to officers


The petitioner may deliver an order for protection granted pursuant to §§ 22-19A-8 to 22-19A-16, inclusive, within twenty-four hours to the local law enforcement agency having jurisdiction over the residence of the petitioner. Each appropriate law enforcement agency shall make available to other law enforcement officers information as to the existence and status of any order for protection issued pursuant to §§ 22-19A-8 to 22-19A-16, inclusive.


CREDIT(S)


Source: SL 1997, ch 131, § 8.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-16. Violation of protection order--Penalties


If a temporary protection order or a protection order is granted pursuant to §§ 22-19A-8 to 22-19A-16, inclusive, and the respondent or person to be restrained knows of the order, violation of the order is a Class 1 misdemeanor. If any violation of this section constitutes an assault pursuant to § 22-18-1.1, the violation is a Class 6 felony. If a respondent or person to be restrained has been convicted of, or entered a plea of guilty to, two or more violations of this section, the factual basis for which occurred after the date of the second conviction, and occurred within five years of committing the current offense, the respondent or person to be restrained is guilty of a Class 6 felony for any third or subsequent offense. Any proceeding under §§ 22-19A-8 to 22-19A-16, inclusive, is in addition to other civil or criminal remedies.


CREDIT(S)


Source: SL 1997, ch 131, § 9; SL 2004, ch 150, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-17. Defendant prohibited from contacting victim prior to court appearance--Misdemeanor


While in custody after arrest for assault or stalking, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, until the defendant's initial court appearance or until such contact or communication is specifically authorized by the court. Willful violation of this section is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2000, ch 102, § 1; SL 2010, ch 114, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19A-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19A. Stalking (Refs & Annos)

22-19A-18. Bond--No contact terms--Misdemeanor


If bond for the defendant in any assault or stalking action is authorized, a condition of no contact with the victim shall be stated and incorporated into the terms of the bond. Willful violation of any such no contact provision is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2010, ch 114, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-19B, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-19B. Hate Crimes


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19B-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19B. Hate Crimes (Refs & Annos)

22-19B-1. Malicious intimidation or harassment--Felony


No person may maliciously and with the specific intent to intimidate or harass any person or specific group of persons because of that person's or group of persons' race, ethnicity, religion, ancestry, or national origin:


(1) Cause physical injury to another person; or


(2) Deface any real or personal property of another person; or


(3) Damage or destroy any real or personal property of another person; or


(4) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts prohibited in subdivision (1), (2), or (3) of this section will occur.


A violation of this section is a Class 6 felony.


CREDIT(S)


Source: SL 1993, ch 177, § 1; SL 2005, ch 120, § 181.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19B-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19B. Hate Crimes (Refs & Annos)

22-19B-2. Deface defined


For purposes of this chapter, the term, deface, includes cross-burnings or the placing of any word or symbol commonly associated with racial, religious, or ethnic terrorism on the property of another person without that person's permission.


CREDIT(S)


Source: SL 1993, ch 177, § 2; SL 2005, ch 120, § 182.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19B-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19B. Hate Crimes (Refs & Annos)

22-19B-3. Transferred to § 20-9-32 by SL 2005, ch 120, § 185, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19B-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19B. Hate Crimes (Refs & Annos)

22-19B-4. Preventing practice of religion--Misdemeanor


Any person who, by threats or violence, intentionally prevents another person from performing any lawful act enjoined upon or recommended by the religion which such person professes is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1702; SL 1976, ch 158, § 27-1; SDCL § 22-27-1; SL 2005, ch 120, §§ 286, 288.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-19B-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-19B. Hate Crimes (Refs & Annos)

22-19B-5. Compelling practice of religion--Misdemeanor


Any person who intentionally attempts, by threats or violence, to compel another person to adopt, practice, or profess any particular form of religious belief is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1703; SL 1976, ch 158, § 27-2; SDCL § 22-27-2; SL 2005, ch 120, §§ 287, 288.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-20, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-20. Hypnotism [Repealed]


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-21, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-21. Invasions of Privacy


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-21-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-21. Invasions of Privacy (Refs & Annos)

22-21-1. Trespassing with intent to eavesdrop--Installation or use of unauthorized eavesdropping device


Any person who, except as authorized by law:


(1) Trespasses on property with intent to subject anyone to eavesdropping or other surveillance in a private place; or


(2) Installs in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in such place, or uses any such unauthorized installation;


is guilty of a Class 1 misdemeanor. Subdivision (2) shall not apply to law enforcement officers, or to those acting under their direction, while engaged in the performance of their lawful duties.


CREDIT(S)


Source: SDC 1939, § 13.1425; SL 1976, ch 158, § 21-1; SL 1977, ch 189, § 49.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-21-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-21. Invasions of Privacy (Refs & Annos)

22-21-2. Repealed by SL 1976, ch 158, § 21-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-21-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-21. Invasions of Privacy (Refs & Annos)

22-21-3. Window peeking on private property of another--Violation as misdemeanor


No person may enter the private property of another and peek in the door or window of any inhabited building or structure located thereon, without having lawful purpose with the owner or occupant thereof. A violation of this section is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1976, ch 158, § 21-2; SL 1977, ch 189, § 50; SL 1992, ch 163.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-21-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-21. Invasions of Privacy (Refs & Annos)

22-21-4. Use or dissemination of visual recording or photographic device without consent and with intent to self-gratify, harass, or embarrass--Misdemeanor or felony


No person may use or disseminate any visual recording or photographic device to photograph or visually record any other person without clothing or under or through the clothing, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy. A violation of this section is a Class 1 misdemeanor. However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years old.


CREDIT(S)


Source: SL 2004, ch 151, § 1; SL 2011, ch 116, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-22, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-22. Sex Offenses


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-1. Rape--Degrees--Felony--Statute of limitations


Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:


(1) If the victim is less than thirteen years of age; or


(2) Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution; or


(3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or


(4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or


(5) If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim.


A violation of subdivision (1) of this section is rape in the first degree, which is a Class C felony. A violation of subdivision (2) of this section is rape in the second degree which is a Class 1 felony. A violation of subdivision (3) or (4) of this section is rape in the third degree, which is a Class 2 felony. A violation of subdivision (5) of this section is rape in the fourth degree, which is a Class 3 felony. Notwithstanding the provisions of § 23A-42-2, no statute of limitations applies to any charge brought pursuant to subdivisions (1) or (2) of this section. Otherwise a charge brought pursuant to this section may be commenced at any time prior to the time the victim becomes of age twenty-five or within seven years of the commission of the crime, whichever is longer.


CREDIT(S)


Source: SDC 1939, §§ 13.2801, 13.2803; SDCL § 22-22-5; SL 1972, ch 154, § 21; SL 1975, ch 169, §§ 1, 5; SL 1976, ch 158, § 22-1; SL 1977, ch 189, § 51; SL 1978, ch 158, § 10; SL 1980, ch 175; SL 1982, ch 176, § 1; SL 1984, ch 165, § 1; SL 1984, ch 167, § 2; SL 1985, ch 179; SL 1985, ch 181, § 1; SL 1988, ch 187; SL 1989, ch 194, § 2; SL 1990, ch 161, § 2; SL 1990, ch 162, § 1; SL 1991, ch 24, § 8; SL 1994, ch 165, § 2; SL 1994, ch 166, § 2; SL 2000, ch 100, § 1; SL 2005, ch 120, § 390; SL 2012, ch 125, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-1.1. Repealed by SL 1990, ch 161, § 1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-1.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-1.2. Minimum sentences for rape or sexual contact with child


If any adult is convicted of any of the following violations, the court shall impose the following minimum sentences:


(1) For a violation of subdivision 22-22-1(1), fifteen years for a first offense; and


(2) For a violation of § 22-22-7 if the victim is less than thirteen years of age, ten years for a first offense.


CREDIT(S)


Source: SL 1992, ch 164, § 1; SL 2005, ch 120, § 392; SL 2006, ch 121, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-1.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-1.3. Contents of presentence investigation report for person convicted of sex crime


Any person convicted of a felony violation as provided in subdivisions 22-24B-1(1) to (15), inclusive, and (19) shall have included in the offender's presentence investigation report a psycho-sexual assessment including the following information: the offender's sexual history; an identification of precursor activities to sexual offending; intellectual, adaptive and academic functioning; social and emotional functioning; previous legal history; previous treatment history; victim selection and age; risk to the community; and treatment options recommended. If a presentence investigation is not prepared, the court shall order a psycho-sexual assessment which shall be made available to the court prior to sentencing. If the offender is sentenced to the state penitentiary, the psycho-sexual assessment shall be attached to the official statement and supplied to the Board of Pardons and Paroles and the warden.


CREDIT(S)


Source: SL 1992, ch 164, § 2; SL 2005, ch 120, § 393; SL 2006, ch 121, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-1.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-1.4. Exception for mitigating circumstances--Factual basis relied upon in writing


The sentencing court may impose a sentence other than that which is required by §§ 22-22-1.2 and 22-6-1.2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by § 22-22-1.2 or 22-6-1.2. The court's finding of mitigating circumstances and the factual basis relied upon by the court shall be in writing.


CREDIT(S)


Source: SL 1992, ch 164, § 3; SL 2005, ch 120, § 394; SL 2006, ch 121, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-2. Sexual penetration defined--Acts constituting sodomy--Medical practitioners excepted


Sexual penetration means an act, however slight, of sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the body or of any object into the genital or anal openings of another person's body. All of the foregoing acts of sexual penetration, except sexual intercourse, are also defined as sodomy. Practitioners of the healing arts lawfully practicing within the scope of their practice, which determination shall be conclusive as against the state and shall be made by the court prior to trial, are not included within the provisions of this section. In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause.


CREDIT(S)


Source: SDC 1939, § 13.2802; SL 1975, ch 169, § 2; SL 1980, ch 176, §§ 1, 2; SL 1986, ch 181; SL 1993, ch 178, § 4; SL 1997, ch 133, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-3, 22-22-4. Repealed by SL 1975, ch 169, § 8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-3, 22-22-4. Repealed by SL 1975, ch 169, § 8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-5. Repealed by SL 2005, ch 120, § 395, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-6. Repealed by SL 1976, ch 158, § 22-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-7. Sexual contact with child under sixteen--Felony or misdemeanor


Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the victim is at least thirteen years of age and the actor is less than five years older than the victim, the actor is guilty of a Class 1 misdemeanor. Notwithstanding § 23A-42-2, a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.


CREDIT(S)


Source: SL 1950 (SS), ch 3, §§ 1, 2; SL 1955, ch 27; SDC Supp 1960, § 13.1727; SDCL § 22-22-8; SL 1976, ch 158, § 22-3; SL 1977, ch 189, § 52; SL 1981, ch 176; SL 1982, ch 176, § 2; SL 1984, ch 165, § 2; SL 1985, ch 181, § 2; SL 1989, ch 194, § 1; SL 1989, ch 195, § 1; SL 1990, ch 162, § 2; SL 1994, ch 166, § 3; SL 2006, ch 121, § 5; SL 2010, ch 115, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-7.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-7.1. Sexual contact defined--Exception when within the scope of medical practice


As used in this chapter, the term, sexual contact, means any touching, not amounting to rape, whether or not through clothing or other covering, of the breasts of a female or the genitalia or anus of any person with the intent to arouse or gratify the sexual desire of either party. Practitioners of the healing arts lawfully practicing within the scope of their practice, which determination shall be conclusive as against the state and shall be made by the court prior to trial, are not included within the provisions of this section. In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause.


CREDIT(S)


Source: SL 1976, ch 158, § 22-4; SL 1982, ch 177, § 2; SL 1993, ch 178, § 5; SL 1997, ch 133, § 2; SL 2004, ch 152, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-7.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-7.2. Sexual contact with person incapable of consenting--Felony


Any person, fifteen years of age or older, who knowingly engages in sexual contact with another person, other than his or her spouse if the other person is sixteen years of age or older and the other person is incapable, because of physical or mental incapacity, of consenting to sexual contact, is guilty of a Class 4 felony.


CREDIT(S)


Source: SL 1985, ch 182; SL 2005, ch 120, § 396.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-7.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-7.3. Sexual contact with child under sixteen years of age--Violation as misdemeanor


Any person, younger than sixteen years of age, who knowingly engages in sexual contact with another person, other than his or her spouse, if such other person is younger than sixteen years of age, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1989, ch 195, § 2; SL 1990, ch 163; SL 2005, ch 120, § 397.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-7.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-7.4. Sexual contact without consent with person capable of consenting as misdemeanor


No person fifteen years of age or older may knowingly engage in sexual contact with another person other than his or her spouse who, although capable of consenting, has not consented to such contact. A violation of this section is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1991, ch 189; SL 2005, ch 120, § 398.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-7.5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-7.5. Safety zone of child victim of sex crime


The court, upon the conviction of any person of a violation of the provisions of chapter 22-22 in which the victim was a child or upon an adjudication of a juvenile as a delinquent child for a violation of the provisions of chapter 22-22 in which the victim was a child, may, as a part of the sentence or adjudication, order that the defendant or delinquent child not:


(1) Reside within one mile of the victim's residence unless the person is residing in a juvenile detention facility, jail, or state corrections facility;


(2) Knowingly or willfully come within one thousand feet of the victim;


(3) Attend the same school as the victim; or


(4) Have any contact with the victim, whether direct or indirect or through a third party.


No condition imposed pursuant to this section applies once the victim attains the age of majority. A violation of any condition imposed pursuant to this section is a Class 6 felony.


CREDIT(S)


Source: SL 1997, ch 137, § 1; SL 2005, ch 120, § 399.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-7.6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-7.6. Sexual acts between jail employees and detainees--Felony--Juvenile correctional facility defined


Any person employed at any jail or juvenile correctional facility, who knowingly engages in an act of sexual contact or sexual penetration with another person who is in detention and under the custodial, supervisory, or disciplinary authority of the person so engaging, and which act of sexual contact or sexual penetration does not otherwise constitute a felony pursuant to the provisions of chapter 22-22, is guilty of a Class 6 felony.


A juvenile correctional facility pursuant to this section is a juvenile detention facility as defined in subdivision 26-7A-1(16) or a juvenile facility operated by the Department of Corrections under § 1-15-1.4.


CREDIT(S)


Source: SL 2000, ch 103, §§ 1, 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-7.7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-7.7. Subsequent conviction of rape of or sexual contact with a child under sixteen as felony


If an adult has a previous conviction for violation of subdivision 22-22-1(5), or a previous conviction for a felony violation of § 22-22-7, or a previous misdemeanor conviction of § 22-22-7 for a violation committed as an adult, any subsequent conviction of subdivision 22-22-1(5) or § 22-22-7, is a Class 2 felony.


CREDIT(S)


Source: SL 2010, ch 115, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-8 to 22-22-10. Repealed by SL 1976, ch 158, § 22-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-8 to 22-22-10. Repealed by SL 1976, ch 158, § 22-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-8 to 22-22-10. Repealed by SL 1976, ch 158, § 22-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-11. Repealed by SL 2005, ch 120, § 400, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-12 to 22-22-14. Repealed by SL 1975, ch 169, § 8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-12 to 22-22-14. Repealed by SL 1975, ch 169, § 8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-12 to 22-22-14. Repealed by SL 1975, ch 169, § 8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-15. Transferred to § 22-22A-1 by SL 2005, ch 120, § 23, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-16 to 22-22-18. Repealed by SL 1976, ch 158, § 22-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-16 to 22-22-18. Repealed by SL 1976, ch 158, § 22-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-16 to 22-22-18. Repealed by SL 1976, ch 158, § 22-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-19. Repealed by SL 1984, ch 167, § 1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-19.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-19.1. Repealed by SL 2005, ch 120, § 22, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-20, 22-22-21. Repealed by SL 1976, ch 158, § 22-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-20, 22-22-21. Repealed by SL 1976, ch 158, § 22-8


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-22 to 22-22-23.1. Repealed by SL 2002, ch 109, §§ 1 to 3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-23

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-22 to 22-22-23.1. Repealed by SL 2002, ch 109, §§ 1 to 3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-23.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-22 to 22-22-23.1. Repealed by SL 2002, ch 109, §§ 1 to 3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24 to 22-22-24.2. Transferred to §§ 22-24A-1 to 22-24A-3 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24 to 22-22-24.2. Transferred to §§ 22-24A-1 to 22-24A-3 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24 to 22-22-24.2. Transferred to §§ 22-24A-1 to 22-24A-3 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.3. Sexual exploitation of a minor--Felonies--Assessment


A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that:


(1) Is harmful to minors;


(2) Involves nudity; or


(3) Is obscene.


Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.


A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 felony.


The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.


CREDIT(S)


Source: SL 2002, ch 109, § 8; SL 2005, ch 120, § 401; SL 2006, ch 121, § 7.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-24.19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-25

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-24.4 to 22-22-25. Transferred to §§ 22-24A-4 to 22-24A-20 by SL 2005, ch 120, § 407, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-26

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-26. Payment for rape or sexual offense examinations--Reimbursement by convicted defendant


If a physician, hospital, or clinic examines the victim of an alleged rape or sexual offense to gather information or evidence about the alleged crime, the examination shall be provided without cost to the victim. The physician, hospital, or clinic shall be paid for the cost of the examination by the county where the alleged rape or sexual offense occurred, which shall be reimbursed by any defendant if convicted.


CREDIT(S)


Source: SL 1986, ch. 182; SL 2005, ch 120, § 402; SL 2012, ch 126, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-27

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-27. Definition of terms--Sex offenses by psychotherapists


Terms used in §§ 22-22-28 and 22-22-29 mean:


(1) “Emotional dependency,” a condition of the patient brought about by the nature of the patient's own emotional condition or the nature of the treatment provided by the psychotherapist which is characterized by significant impairment of the patient's ability to withhold consent to sexual acts or contact with the psychotherapist and which the psychotherapist knows or has reason to know exists;


(2) “Patient,” any person who seeks or obtains psychotherapeutic services from a psychotherapist on a regular and ongoing basis;


(3) “Psychotherapist,” any physician, psychologist, nurse, chemical dependency counselor, social worker, member of the clergy, marriage and family therapist, mental health service provider, or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy; and


(4) “Psychotherapy,” the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.


CREDIT(S)


Source: SL 1993, ch 178, § 1; SL 2005, ch 120, § 403.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-28

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-28. Sexual contact by psychotherapist--Felony


Any psychotherapist who knowingly engages in sexual contact, as defined in § 22-22-7.1, with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time of contact, commits a Class 5 felony. Consent by the patient is not a defense.


CREDIT(S)


Source: SL 1993, ch 178, § 2; SL 2005, ch 120, § 404.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-29

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-29. Sexual penetration by psychotherapist--Felony


Any psychotherapist who knowingly engages in an act of sexual penetration, as defined in § 22-22-2, with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time that the act of sexual penetration is committed, commits a Class 4 felony. Consent by the patient is not a defense.


CREDIT(S)


Source: SL 1993, ch 178, § 3; SL 2005, ch 120, § 405.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-30

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-30. Transferred to § 22-24B-1 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-30.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-30.1. Repealed by SL 2005, ch 120, § 391, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-31

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-31, 22-22-31.1. Transferred to §§ 22-24B-2 and 22-24B-5 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-31.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-31, 22-22-31.1. Transferred to §§ 22-24B-2 and 22-24B-5 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-31.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-31.2. Repealed by SL 2005, ch 120, § 418, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-31.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-31.3 to 22-22-34. Transferred to §§ 22-24B-6 to 22-24B-11 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-31.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-31.3 to 22-22-34. Transferred to §§ 22-24B-6 to 22-24B-11 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-32

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-31.3 to 22-22-34. Transferred to §§ 22-24B-6 to 22-24B-11 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-32.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-31.3 to 22-22-34. Transferred to §§ 22-24B-6 to 22-24B-11 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-33

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-31.3 to 22-22-34. Transferred to §§ 22-24B-6 to 22-24B-11 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-34

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-31.3 to 22-22-34. Transferred to §§ 22-24B-6 to 22-24B-11 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-35

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-35. Repealed by SL 1995, ch 126, § 2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-36

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-36. Transferred to § 22-24B-12 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-37

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-37. Repealed by SL 2003, ch 126, § 2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-38

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-38 to 22-22-41. Transferred to §§ 22-24B-13 to 22-24B-16 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-39

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-38 to 22-22-41. Transferred to §§ 22-24B-13 to 22-24B-16 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-40

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-38 to 22-22-41. Transferred to §§ 22-24B-13 to 22-24B-16 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-41

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-38 to 22-22-41. Transferred to §§ 22-24B-13 to 22-24B-16 by SL 2005, ch 120, § 415, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-42

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-42. Bestiality--Acts constituting--Commission a felony


No person, for the purpose of that person's sexual gratification, may:


(1) Engage in a sexual act with an animal; or


(2) Coerce any other person to engage in a sexual act with an animal; or


(3) Use any part of the person's body or an object to sexually stimulate an animal; or


(4) Videotape a person engaging in a sexual act with an animal; or


(5) Kill or physically abuse an animal.


Any person who violates any provision of this section is guilty of the crime of bestiality. Bestiality is a Class 6 felony. However, if the person has been previously convicted of a sex crime pursuant to § 22-24B-1, any subsequent violation of this section is a Class 5 felony.


CREDIT(S)


Source: SL 2003, ch 127, § 1; SL 2005, ch 120, § 406.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-43

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-43. Sexual act with an animal defined--Proof


For the purposes of § 22-22-42, the term, sexual act with an animal, means any act between a person and an animal involving direct physical contact between the genitals of one and the mouth or anus of the other, or direct physical contact between the genitals of one and the genitals of the other. A sexual act with an animal may be proved without evidence of penetration.


CREDIT(S)


Source: SL 2003, ch 127, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-44

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-44. Provisions of § 22-22-42 not applicable to accepted practices


The provisions of § 22-22-42 do not apply to or prohibit normal, ordinary, or accepted practices involved in animal husbandry, artificial insemination, or veterinary medicine.


CREDIT(S)


Source: SL 2003, ch 127, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-45

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-45. Threatening to commit a sexual offense--Felony


Any person who has been convicted of a felony sex offense as defined in § 22-24B-1 who directly threatens or communicates specific intent to commit further felony sex offenses is guilty of threatening to commit a sexual offense. Threatening to commit a sexual offense is a Class 4 felony.


CREDIT(S)


Source: SL 2006, ch 121, § 15.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-46

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-46. Assisting, harboring, concealing, or providing false information about sex offender--Felony


Any person who knowingly assists, harbors, or conceals a sex offender in eluding law enforcement or provides false information regarding the residence or whereabouts of a sex offender is guilty of a Class 5 felony.


CREDIT(S)


Source: SL 2006, ch 121, § 12.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22-47

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22. Sex Offenses (Refs & Annos)

22-22-47. Reporting requirements involving victims over age eighteen--Confidentiality of certain information--Information available to the public


If a state's attorney charges a person for a sex offense, as set forth in this chapter, and the offense involves a victim eighteen years of age or older, the state's attorney shall report the legal description of the crime and demographic information regarding the victim of the crime to the Department of Social Services. The reports required herein shall be submitted quarterly to the department in a written or electronic format provided by the department and shall not include the name, address, or social security number of the victim. The department shall maintain a database of such reports and shall make information regarding the incidence and frequency of sex offenses available to the public.


CREDIT(S)


Source: SL 2007, ch 144, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-22A, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-22A. Offenses Against the Family


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22A-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22A. Offenses Against the Family (Refs & Annos)

22-22A-1. Bigamy--Exceptions--Felony


Any person who, while married to another presently living person, marries any other person, is guilty of bigamy. The provisions of this section do not apply to:


(1) Any person, if that person's husband or wife has been absent for five successive years and is not known to be living by such person;


(2) Any person, if that person's husband or wife has absented himself or herself from such spouse by being outside the United States, continuously for at least five years;


(3) Any person, if that person's marriage has been pronounced void, annulled, or dissolved by a competent court; or


(4) Any person, presently married, who believes, in good faith, and has reason to believe, that the marriage has been pronounced void, annulled, or dissolved by a competent court.


Bigamy is a Class 6 felony.


CREDIT(S)


Source: SDC 1939, § 13.1713; SL 1976, ch 158, § 22-6; SL 2000, ch 104, § 1; SDCL § 22-22-15; SL 2005, ch 120, §§ 19, 23.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22A-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22A. Offenses Against the Family (Refs & Annos)

22-22A-2. Incest--Prohibited sexual contact--Felony


Any persons, eighteen years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other:


(1) Who are not legally married; and


(2) Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;


are guilty of incest. Incest is a Class 5 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 20.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22A-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22A. Offenses Against the Family (Refs & Annos)

22-22A-3. Aggravated incest--Related child--Felony


Any person who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and is either:


(1) The child of the perpetrator or the child of a spouse or former spouse of the perpetrator; or


(2) Related to the perpetrator within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6;


is guilty of aggravated incest. Aggravated incest is a Class 3 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 21; SL 2008, ch 109, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22A-3.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22A. Offenses Against the Family (Refs & Annos)

22-22A-3.1. Aggravated incest--Foster child--Felony


Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:


(1) The licensed foster care provider; or


(2) A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.


Aggravated incest is a Class 3 felony.


CREDIT(S)


Source: SL 2008, ch 109, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-22A-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-22A. Offenses Against the Family (Refs & Annos)

22-22A-4. Removal of minor from state for adoption prohibited until parents' consent or termination of rights--Violation as felony


No person other than a legal or putative parent may remove or aid in the removal of any minor from the State of South Dakota for the purpose of adoption until a valid consent to adopt or termination of parental rights has been obtained from all legal and putative parents. A violation of this section is a Class 6 felony.


CREDIT(S)


Source: SL 1977, ch 205, § 4; SL 1992, ch 158, § 5; SDCL § 25-5A-7.1; SL 2006, ch 130, § 9.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-23, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-23. Prostitution


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-23-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-23. Prostitution (Refs & Annos)

22-23-1. Prostitution--Misdemeanor


Any person who engages in or offers to engage in sexual activity for a fee is guilty of prostitution. Prostitution is a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1717; SL 1976, ch 158, § 23-1; SL 1977, ch 189, § 53; SL 1985, ch 183, § 1; SL 2005, ch 120, § 175.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-23-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-23. Prostitution (Refs & Annos)

22-23-1.1. Sexual activity defined


As used in this chapter the term, sexual activity, references both sexual penetration, as defined in § 22-22-2, and sexual contact, as defined in § 22-22-7.1.


CREDIT(S)


Source: SDCL § 22-23-1 as added by SL 1976, ch 158, § 23-1; SL 2005, ch 120, § 176.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-23-1.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-23. Prostitution (Refs & Annos)

22-23-1.2. Affirmative defense of compulsion


It is an affirmative defense to a charge of prostitution under § 22-23-1 if the defendant proves by a preponderance of the evidence that the defendant is a victim of human trafficking under chapter 22-49 or that the defendant committed the act only under compulsion by another person who, by implicit or explicit threat, created a reasonable apprehension in the mind of the defendant that if the defendant did not commit the act, the person would inflict bodily harm upon the defendant.


CREDIT(S)


Source: SL 2012, ch 127, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-23-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-23. Prostitution (Refs & Annos)

22-23-2. Promoting prostitution--Felony


Any person who:


(1) Encourages, induces, procures, or otherwise purposely causes another to become or remain a prostitute;


(2) Promotes the prostitution of a minor; or


(3) Promotes the prostitution of his or her spouse, child, ward, or other dependant person;


is guilty of promoting prostitution. Promoting prostitution is a Class 5 felony.


CREDIT(S)


Source: SDC 1939, § 13.2706; SL 1976, ch 158, § 23-3; SL 1977, ch 189, § 54; SL 2005, ch 120, § 177.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-23-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-23. Prostitution (Refs & Annos)

22-23-3. Repealed by SL 1977, ch 189, § 126


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-23-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-23. Prostitution (Refs & Annos)

22-23-4. Repealed by SL 2005, ch 120, § 178, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-23-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-23. Prostitution (Refs & Annos)

22-23-5 to 22-23-7. Repealed by SL 1976, ch 158, § 23-7


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-23-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-23. Prostitution (Refs & Annos)

22-23-5 to 22-23-7. Repealed by SL 1976, ch 158, § 23-7


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-23-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-23. Prostitution (Refs & Annos)

22-23-5 to 22-23-7. Repealed by SL 1976, ch 158, § 23-7


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-23-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-23. Prostitution (Refs & Annos)

22-23-8. Pimping--Renting for prostitution--Felony


Any person who:


(1) Solicits another person to patronize a prostitute;


(2) Procures a prostitute for a patron;


(3) Transports a person into or within this state to engage in prostitution, or procures or pays for transportation for that purpose;


(4) Knowingly permits a place owned, managed, supervised, or controlled by himself or herself, alone, or in association with others, to be regularly used for prostitution or the promotion of prostitution, or fails to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means; or


(5) Solicits, receives, or agrees to receive any benefit for doing or agreeing to do anything prohibited by this section;


is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1976, ch 158, § 23-4; SL 1977, ch 189, § 55; SL 2005, ch 120, § 179.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-23-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-23. Prostitution (Refs & Annos)

22-23-9. Hiring for sexual activity--Misdemeanor


Any person who hires or attempts to hire another person for a fee to engage in sexual activity is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1976, ch 158, § 23-5; SL 1977, ch 189, § 56; SL 1985, ch 183, § 2; SL 1987, ch 166; SL 2005, ch 120, § 180.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-24, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-24. Obscenity and Public Indecency


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-1. Repealed by SL 1998, ch 136, § 1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-1.1. Public indecency--Misdemeanor


A person commits the crime of public indecency if the person, under circumstances in which that person knows that his or her conduct is likely to annoy, offend, or alarm some other person, exposes his or her anus or genitals in a public place where another may be present who will be annoyed, offended, or alarmed by the person's act. A violation of this section is a Class 2 misdemeanor.


CREDIT(S)


Source: SL 1998, ch 136, § 2; SL 2005, ch 120, § 298.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-1.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-1.2. Indecent exposure--Misdemeanor or felony


A person commits the crime of indecent exposure if, with the intent to arouse or gratify the sexual desire of any person, the person exposes his or her genitals in a public place, or in the view of a public place, under circumstances in which that person knows that person's conduct is likely to annoy, offend, or alarm another person. A violation of this section is a Class 1 misdemeanor. However, if such person has been previously convicted of a felony violation of § 22-22-1, 22-22-7, or 22-24A-3, that person is guilty of a Class 6 felony. Any person convicted of a third or subsequent violation of this section is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1998, ch 136, § 3; SL 2005, ch 120, § 299; SL 2009, ch 116, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-1.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-1.3. Indecent exposure involving a child--Felony


If any person, eighteen years of age or older, with the intent to arouse or gratify the sexual desire of any person, intentionally exposes his or her genitals to a child, thirteen years of age or younger, that person is guilty of the crime of indecent exposure involving a child. Indecent exposure involving a child is a Class 6 felony. A second or subsequent conviction for indecent exposure involving a child is a Class 5 felony.


CREDIT(S)


Source: SL 2002, ch 111, § 1; SL 2005, ch 120, § 300; SL 2009, ch 116, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-1.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-1.4. Private indecent exposure--Misdemeanor


A person commits the crime of private indecent exposure if:


(1) The person exposes the genitals of the person with the intent to arouse or gratify the sexual desire of the person or another person;


(2) The person is in a place where another person has a reasonable expectation of privacy;


(3) The person is in view of the other person;


(4) The exposure reasonably would be expected to annoy, offend, or alarm the other person; and


(5) The person knows that the other person did not consent to the exposure.


Private indecent exposure is a Class 1 misdemeanor.


This section does not apply to a person who commits the act described in this section if the person cohabits with or is involved in a sexually intimate relationship with the other person.


CREDIT(S)


Source: SL 2009, ch 116, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-2, 22-24-2.1. Repealed by SL 1976, ch 158, § 24-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-2.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-2, 22-24-2.1. Repealed by SL 1976, ch 158, § 24-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-3. Repealed by SL 1968, ch 29, § 16


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-4. Repealed by SL 1972, ch 139, § 1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-5. Repealed by SL 1968, ch 29, § 16


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-6, 22-24-7. Repealed by SL 1976, ch 158, § 24-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-6, 22-24-7. Repealed by SL 1976, ch 158, § 24-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-8. Repealed by SL 2005, ch 120, § 301, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-9, 22-24-10. Repealed by SL 1976, ch 158, § 24-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-9, 22-24-10. Repealed by SL 1976, ch 158, § 24-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-23

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-24

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-11 to 22-24-24. Repealed by SL 1974, ch 165, § 24


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-25

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-25. Municipal and county power to regulate obscene materials or obscene live conduct not preempted


Except as provided in § 22-24-37, nothing contained in this chapter limits any county or municipality from regulating obscene material or obscene live conduct within its jurisdiction.


CREDIT(S)


Source: SL 1968, ch 29, § 14; SL 1974, ch 61, § 2; SL 1976, ch 158, § 24-2; SL 1978, ch 162; SL 1994, ch 167, § 1; SL 1998, ch 137, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-25.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-25.1. County or municipal ordinance establishing contemporary community standards test


Any county or municipality may provide, by ordinance, for a contemporary community standards test to regulate the sale, distribution, and use of obscene material and to regulate obscene live conduct in any commercial establishment or public place within its jurisdiction.


CREDIT(S)


Source: SDCL § 22-24-25 as added by SL 1978, ch 162; SL 1994, ch 167, § 2; SL 2004, ch 155, § 1; SL 2005, ch 120, § 302.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-26

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-26. Obsolete


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-27

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-27. Definition of terms


Terms used in §§ 22-24-25 to 22-24-37, inclusive, mean:


(1) “Contemporary community standard,” the contemporary community standard of the state in which the question of obscenity is to be tested, by the average person, of the state;


(2) “Distributed,” to transfer possession of, whether with or without consideration;


(3) “Exhibit,” to show or display;


(4) “Harmful to minors,” includes in its meaning the quality of any material or of any performance or of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, if it:


(a) Predominantly appeals to the prurient, shameful, or morbid interest of minors; and


(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and


(c) Is without serious literary, artistic, political, or scientific value;


(5) “Magistrate,” any circuit court or magistrate judge;


(6) “Material,” anything tangible which is harmful to minors, whether derived through the medium of reading, observation, or sound;


(7) “Matter” or “material,” any book, magazine, newspaper, or other printed or written material; or any picture, drawing, photograph, motion picture, or other pictorial representation; or any statue or other figure; or recording, transcription or mechanical, chemical, or electrical reproduction; or any other articles, equipment, machines, or materials;


(8) “Minor,” any person less than eighteen years of age;


(9) “Nudity,” within the meaning of subdivision (4) of this section, the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, or the showing of the female breast with less than a full opaque covering or any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state;


(10) “Obscene live conduct,” any physical human body activity, whether performed or engaged in alone or with other persons, including singing, speaking, dancing, acting, simulation, or pantomiming, where:


(a) The dominant theme of such conduct, taken as a whole, appeals to a prurient interest;


(b) The conduct is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and


(c) The conduct is without serious literary, artistic, political, or scientific value.


In prosecutions under §§ 22-24-27 to 22-24-37, inclusive, if circumstances of production, presentation, advertising, or exhibition indicate that live conduct is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the conduct;


(11) “Obscene material,” material:


(a) The dominant theme of which, taken as a whole, appeals to the prurient interest;


(b) Which is patently offensive because it affronts contemporary community standards relating to the description or representation of sado-masochistic abuse or sexual conduct; and


(c) Lacks serious literary, artistic, political, or scientific value.


In prosecutions under §§ 22-24-27 to 22-24-37, inclusive, if circumstances of production, presentation, sale, dissemination, or publicity indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, such evidence is probative with respect to the nature of the matter;


(12) “Prurient interest,” a shameful or morbid interest in nudity, sex, or excretion, which goes substantially beyond customary limits of candor in description or representation of such matters. If it appears from the character of the material or the circumstances of its dissemination that the subject matter is designed for a specially susceptible audience or clearly defined deviant sexual group, the appeal of the subject matter shall be judged with reference to such audience or group;


(13) “Sado-masochistic abuse,” flagellation or torture by or upon a person who is nude or clad in undergarments, a mask or bizarre costume, or the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed;


(14) “Sexual conduct,” within the meaning of subdivision (4) of this section, any act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or if such person be a female, the breast;


(15) “Sexual excitement,” the condition of human male or female genitals when in a state of sexual stimulation or arousal.


CREDIT(S)


Source: SL 1968, ch 29, § 1; SDCL Supp, § 22-24-11; SL 1974, ch 165, § 1; SL 1976, ch 158, §§ 24-3 to 24-5; SL 1994, ch 167, § 3; SL 2005, ch 120, § 303.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-28

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-28. Disseminating material harmful to minors as misdemeanor


Any person who disseminates material harmful to minors is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1968, ch 29, §§ 3, 9 (b); SDCL Supp, §§ 22-24-13, 22-24-20; SL 1974, ch 165, § 18; SL 1976, ch 158, § 24-6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-29

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-29. Possession, sale, or loan as disseminating material harmful to minors


A person is guilty of disseminating material harmful to minors if that person knowingly gives or makes available to a minor or promotes or possesses with intent to promote to minors, or if that person knowingly sells or loans to a minor for monetary consideration any material described in subdivision § 22-24-27(4).


CREDIT(S)


Source: SL 1974, ch 165, § 18 (1); SL 2005, ch 120, § 304.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-29.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-29.1. Publications containing obscene material to be wrapped and sealed while on display--Misdemeanor


No person may knowingly distribute, display, sell, or exhibit for sale in any public place any magazine, book, or newsprint displaying or containing obscene material on its cover or material unless the magazine, book, or newsprint is wrapped and sealed so that no more than its title, name, price, or date is exposed to the public and the magazine, book, or newsprint cannot be viewed or examined without breaking the seal, wrapping, or covering. Any person who violates this section is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1978, ch 161; SL 2005, ch 120, § 305.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-30

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-30. Admission to show or exhibition as disseminating material harmful to minors


A person is guilty of disseminating material harmful to minors if, with reference to a motion picture, show, or other presentation which depicts nudity, sexual conduct, or sado-masochistic abuse, and which is harmful to minors, that person knowingly:


(1) Exhibits such motion picture, show, or other presentation to a minor;


(2) Sells or gives to a minor an admission ticket or pass to premises whereon there is exhibited such motion picture, show, or other presentation; or


(3) Admits a minor for a monetary consideration to premises whereon there is exhibited or to be exhibited such motion picture, show, or other presentation.


CREDIT(S)


Source: SL 1974, ch 165, § 18 (2); SL 2005, ch 120, § 306.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-31

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-31. Defenses for disseminating materials harmful to minors


In any prosecution for disseminating material harmful to minors, it is an affirmative defense that:


(1) The defendant had reasonable cause to believe that the minor involved was eighteen years old or more. A draft card, driver's license, birth certificate, or other official or apparently official document is evidence establishing that the minor was eighteen years of age or older;


(2) The minor involved was accompanied by a parent or guardian, or by an adult and the adult represented that he or she was the minor's parent or guardian or an adult and the adult signed a written statement to that effect;


(3) The defendant was the parent or guardian of the minor involved; or


(4) The defendant was a bona fide school, college, university, museum, or public library, or was acting in the capacity of an employee of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization.


CREDIT(S)


Source: SL 1974, ch 165, § 20; SL 1993, ch 213, § 107; SL 2005, ch 120, § 307.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-32

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-32. Misrepresentation to obtain admission of minor--Misdemeanor


A person is guilty of a Class 1 misdemeanor if that person knowingly misrepresents that he or she is a parent or guardian of a minor for the purpose of obtaining admission of any minor to any motion picture, show, or other presentation which is harmful to minors.


CREDIT(S)


Source: SL 1974, ch 165, § 19 (1); SL 1976, ch 158, § 24-7; SL 2005, ch 120, § 308.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-33

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-33. Misrepresentation of age by minor--Misdemeanor


A minor is guilty of a Class 2 misdemeanor if that minor misrepresents his or her age for the purpose of obtaining admission to any motion picture, show, or other presentation which is harmful to minors.


CREDIT(S)


Source: SL 1974, ch 165, § 19 (2); SL 1976, ch 158, § 24-8; SL 2005, ch 120, § 309.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-34

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-34. Dissemination of separate articles as separate offenses


If more than one article or item of material prohibited under §§ 22-24-27 to 22-24-37, inclusive, is sold, given, advertised for sale, distributed commercially, or promoted, by the same person, after a hearing and determination that probable cause exists to believe such article or material is harmful to minors, each such sale, gift, advertisement, distribution, or promotion constitutes a separate offense.


CREDIT(S)


Source: SL 1974, ch 165, § 21; SL 2005, ch 120, § 310.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-35

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-35. Repealed by SL 1976, ch 158, § 24-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-36

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-36. Repealed by SL 1998, ch 137, § 2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-37

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-37. Activities and persons excepted


The provisions of §§ 22-24-27 to 22-24-37, inclusive, do not apply to any persons who may possess or distribute obscene matter or participate in conduct, otherwise proscribed by those sections, if such possession, distribution, or conduct occurs:


(1) In the course of law enforcement and judicial activities;


(2) In the course of bona fide school, college, university, museum, or public library activities or in the course of employment of such an organization or retail outlet affiliated with and serving the educational purposes of such an organization; or


(3) In the course of employment as a moving picture machine operator, or assistant operator, in a motion picture theater in connection with a motion picture film or show exhibited in such theater if such operator or assistant operator has no financial interest in the motion picture theater wherein that operator or assistant operator is so employed other than wages received or owed;


or like circumstances of justification if the possession, distribution, or conduct is not limited to the subject matter's appeal to prurient interests.


CREDIT(S)


Source: SL 1973, ch 148; SDCL Supp, § 22-24-12.1; SL 1974, ch 165, § 2; SL 2005, ch 120, § 311.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-38

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-39

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-40

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-41

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-42

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-43

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-44

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-45

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-46

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-47

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-48

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-49

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-50

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-51

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-38 to 22-24-51. Repealed by SL 1978, ch 178, § 577


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-52

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-52 to 22-24-54. Repealed by SL 1978, ch 164, §§ 9, 11, 13


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-53

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-52 to 22-24-54. Repealed by SL 1978, ch 164, §§ 9, 11, 13


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-54

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-52 to 22-24-54. Repealed by SL 1978, ch 164, §§ 9, 11, 13


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-55

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-55. Public schools to restrict access to obscene materials on public access computers


Any public school that provides a public access computer shall do one or both of the following:


(1) Equip the computer with software that will limit minors' ability to gain access to obscene materials or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene materials; or


(2) Develop and implement, by January 1, 2001, a local policy that establishes measures to restrict minors from computer access to obscene materials.


CREDIT(S)


Source: SL 1999, ch 76, § 1; SL 2005, ch 120, § 312.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-56

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-56. Public libraries to restrict access to obscene materials on public access computers


Any public library that provides a public access computer shall develop and implement, by January 1, 2001, a local policy that establishes measures to restrict minors from computer access to obscene materials.


CREDIT(S)


Source: SL 1999, ch 76, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-57

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-57. Complying public school or library not liable for damages


No public school that complies with § 22-24-55 or any public library that complies with § 22-24-56 may be held liable for any damages that may arise from a minor gaining access to obscene materials through the use of a public access computer that is owned or controlled by the public school or public library.


CREDIT(S)


Source: SL 1999, ch 76, § 3; SL 2005, ch 120, § 313.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-58

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-58. Obscene material defined


For the purposes of §§ 22-24-55 to 22-24-59, inclusive, obscene material is defined pursuant to subdivision 22-24-27(11).


CREDIT(S)


Source: SL 1999, ch 76, § 4; SL 2005, ch 120, § 314.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-59

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-59. Public access computer defined


For the purposes of §§ 22-24-55 to 22-24-59, inclusive, a public access computer is any computer that is located in a public school or public library.


CREDIT(S)


Source: SL 1999, ch 76, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-60

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-60. Prepaid adult entertainment card defined


For the purposes of §§ 22-24-60 to 22-24-68, inclusive, a prepaid adult entertainment card is a product, either sold at wholesale, retail, or distributed gratis as a promotion, which permits the cardholder to access one or more erotic or pornographic internet sites by means of a predetermined user identification and password unique to each card.


CREDIT(S)


Source: SL 2002, ch 112, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-61

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-61. Sale or distribution of prepaid adult entertainment card to minors as misdemeanor


It is a Class 1 misdemeanor to sell, give, or distribute any prepaid adult entertainment card or any prepaid adult entertainment telephone card to any person under eighteen years of age.


CREDIT(S)


Source: SL 2002, ch 112, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-62

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-62. Prepaid adult entertainment telephone card defined


A prepaid adult entertainment telephone card is a product, either sold at wholesale, retail, or distributed gratis as a promotion, which permits the cardholder to access one or more adult entertainment telephone services for a predetermined number of minutes by means of a telephone number and an access code or password unique to each card.


CREDIT(S)


Source: SL 2002, ch 112, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-63

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-63. Persons violating § 22-24-61 liable for civil damages


Any person who knowingly participates in any conduct proscribed by §§ 22-24-60 to 22-24-68, inclusive, is liable for civil damages.


CREDIT(S)


Source: SL 2002, ch 112, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-64

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-64. Persons who may bring actions for damages


Any of the following persons may bring an action for damages caused by another person's conduct as proscribed by §§ 22-24-60 to 22-24-68, inclusive:


(1) The victimized minor;


(2) Any parent, legal guardian, or sibling of a victimized minor; or


(3) Any person injured as a result of the willful, reckless, or negligent actions of a person who knowingly participated in conduct proscribed by §§ 22-24-60 to 22-24-68, inclusive.


If the parent or guardian is named as a defendant in the action, the court shall appoint a special guardian to bring the action on behalf of the minor.


CREDIT(S)


Source: SL 2002, ch 112, § 5; SL 2005, ch 120, § 315.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-65

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-65. Persons from whom damages may be sought


Any person entitled to bring an action under § 22-24-64 may seek damages from any person who knowingly participated in the sale or in the chain of distribution of any prepaid adult entertainment card or any prepaid adult entertainment telephone card proscribed by §§ 22-24-60 to 22-24-68, inclusive.


CREDIT(S)


Source: SL 2002, ch 112, § 6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-66

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-66. Damages that may be recovered


Any person entitled to bring an action under § 22-24-64 may recover the following damages:


(1) Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the proscribed conduct;


(2) Noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by the proscribed conduct;


(3) Exemplary damages;


(4) Attorneys' fees; and


(5) Disbursements.


CREDIT(S)


Source: SL 2002, ch 112, § 7; SL 2005, ch 120, § 316.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-67

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-67. Statute of limitations


Any action for damages under §§ 22-24-60 to 22-24-68, inclusive, shall be commenced within six years of the time the plaintiff knew, or had reason to know, of any injury caused by violations of §§ 22-24-60 to 22-24-68, inclusive. The knowledge of a parent, guardian, or custodian may not be imputed to the minor.


For a plaintiff, the statute of limitations under this section is tolled while any potential plaintiff is incapacitated by minority.


CREDIT(S)


Source: SL 2002, ch 112, § 8.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24-68

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24. Obscenity and Public Indecency (Refs & Annos)

22-24-68. Prepaid adult entertainment cards subject to seizure and destruction


As a public nuisance, all prepaid adult entertainment cards and prepaid adult entertainment telephone cards are subject to seizure and destruction without compensation by any law enforcement agency with appropriate jurisdiction.


CREDIT(S)


Source: SL 2002, ch 112, § 9.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-24A, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-24A. Child Pornography


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-1. Sale of child pornography--Felony


Any person who sells, or displays for sale, any book, magazine, pamphlet, slide, photograph, film, or electronic or digital media image depicting a minor engaging in a prohibited sexual act, or engaging in an activity that involves nudity, or in the simulation of any such act is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1978, ch 159, § 4; SL 2002, ch 109, § 4; SDCL § 22-22-24; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-2. Definitions


Terms used in §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, mean:


(1) “Adult,” any person eighteen years of age or older;


(2) “Child pornography,” any image or visual depiction of a minor engaged in prohibited sexual acts;


(3) “Child” or “minor,” any person under the age of eighteen years;


(4) “Computer,” any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, including wireless communication devices such as cellular phones. The term also includes any on-line service, internet service, or internet bulletin board;


(5) Deleted by SL 2005, ch 120, § 408


(6) “Digital media,” any electronic storage device, including a floppy disk or other magnetic storage device or any compact disc that has memory and the capacity to store audio, video, or written materials;


(7) “Harmful to minors,” any reproduction, imitation, characterization, description, visual depiction, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement if it:


(a) Predominantly appeals to the prurient, shameful, or morbid interest of minors;


(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and


(c) Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.


This term does not include a mother's breast-feeding of her baby;


(8) “Masochism,” sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture, or death;


(9) “Nudity,” the showing or the simulated showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state for the purpose of creating sexual excitement. This term does not include a mother's breast-feeding of her baby irrespective of whether or not the nipple is covered during or incidental to feeding;


(10) “Obscene,” the status of material which:


(a) The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;


(b) Depicts or describes, in a patently offensive way, prohibited sexual acts; and


(c) Taken as a whole, lacks serious literary, artistic, political, or scientific value.


This term does not include a mother's breast-feeding of her baby;


(11) “Person,” includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations;


(12) “Sadism,” sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture, or death;


(13) “Sadomasochistic abuse,” flagellation or torture by or upon a minor, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself;


(14) “Sexual battery,” oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. This term does not include an act done for a bona fide medical purpose;


(15) “Sexual bestiality,” any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other;


(16) “Prohibited sexual act,” actual or simulated sexual intercourse, sadism, masochism, sexual bestiality, incest, masturbation, or sadomasochistic abuse; actual or simulated exhibition of the genitals, the pubic or rectal area, or the bare feminine breasts, in a lewd or lascivious manner; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; defecation or urination for the purpose of creating sexual excitement in the viewer; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. The term includes encouraging, aiding, abetting or enticing any person to commit any such acts as provided in this subdivision. The term does not include a mother's breast-feeding of her baby;


(17) “Sexual excitement,” the condition of the human male or female genitals if in a state of sexual stimulation or arousal;


(18) “Sexually oriented material,” any book, article, magazine, publication, visual depiction or written matter of any kind or any drawing, etching, painting, photograph, motion picture film, or sound recording that depicts sexual activity, actual or simulated, involving human beings or human beings and animals, that exhibits uncovered human genitals or the pubic region in a lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely and opaquely covered;


(19) “Simulated,” the explicit depiction of conduct described in subdivision (16) of this section that creates the appearance of such conduct and that exhibits any uncovered portion of the breasts, genitals, or anus;


(20) “Visual depiction,” any developed and undeveloped film, photograph, slide and videotape, and any photocopy, drawing, printed or written material, and any data stored on computer disk, digital media, or by electronic means that are capable of conversion into a visual image.


CREDIT(S)


Source: SL 2002, ch 109, § 6; SDCL § 22-22-24.1; SL 2005, ch 120, §§ 407, 408; SL 2006, ch 122, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-3. Possessing, manufacturing, or distributing child pornography--Felonies--Assessment


A person is guilty of possessing, manufacturing, or distributing child pornography if the person:


(1) Creates any visual depiction of a minor engaging in a prohibited sexual act, or in the simulation of such an act;


(2) Causes or knowingly permits the creation of any visual depiction of a minor engaged in a prohibited sexual act, or in the simulation of such an act; or


(3) Knowingly possesses, distributes, or otherwise disseminates any visual depiction of a minor engaging in a prohibited sexual act, or in the simulation of such an act.


Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.


A violation of this section is a Class 4 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation is a Class 3 felony.


The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.


CREDIT(S)


Source: SL 2002, ch 109, § 7; SDCL § 22-22-24.2; SL 2005, ch 120, §§ 407, 409; SL 2006, ch 121, § 6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-4. Minor and solicit defined


Terms used in § 22-24A-5 mean:


(1) “Minor,” a person fifteen years of age or younger; and


(2) “Solicit,” to seduce, lure, entice or persuade, or attempt to seduce, lure, entice or persuade a specific person by telephone, in person, by letter, by using a computer or any other electronic means.


CREDIT(S)


Source: SL 2002, ch 109, § 9; SDCL § 22-22-24.4; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-5. Solicitation of a minor--Felony--Assessment


A person is guilty of solicitation of a minor if the person eighteen years of age or older:


(1) Solicits a minor, or someone the person reasonably believes is a minor, to engage in a prohibited sexual act; or


(2) Knowingly compiles or transmits by means of a computer; or prints, publishes or reproduces by other computerized means; or buys, sells, receives, exchanges or disseminates, any notice, statement or advertisement of any minor's name, telephone number, place of residence, physical characteristics or other descriptive or identifying information for the purpose of soliciting a minor or someone the person reasonably believes is a minor to engage in a prohibited sexual act.


The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section does not constitute a defense to a prosecution under this section.


Consent to performing a prohibited sexual act by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.


A violation of this section is a Class 4 felony.


The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.


CREDIT(S)


Source: SL 2002, ch 109, § 10; SDCL § 22-22-24.5; SL 2005, ch 120, §§ 407, 410; SL 2006, ch 121, § 8; SL 2010, ch 116, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-6. Nonresident violating child protection laws subject to state court jurisdiction--Secretary of State as agent for service of process--Personal service


Any person, not a citizen or resident of this state, whose actions or conduct constitute a violation of §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, and whose actions or conduct involve a child residing in this state, or someone the person reasonably believes is a child residing in this state, is for the purpose of §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, deemed to be transacting business in this state and by that act:


(1) Submits to the jurisdiction of the courts of this state in any civil proceeding commenced under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive; and


(2) Constitutes the secretary of state as agent for service of legal process in any civil proceeding commenced under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive; and consents that service of legal process shall be made by serving a copy upon the secretary of state or by filing a copy in the secretary of state's office, and that this service shall be sufficient service if, within one day after service, notice of the service and a copy of the process are sent by registered mail by plaintiff to the person at the person's last-known address and proof of such mailing filed with the clerk of court within one day after mailing.


The service of legal process upon any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may also be made by personally serving the summons upon the person outside this state with the same force and effect as though summons had been personally served within this state. Such service shall be made in like manner as service within this state. No order of court is required. An affidavit of the server shall be filed stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.


CREDIT(S)


Source: SL 2002, ch 109, § 13; SDCL § 22-22-24.6; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-7. Liability for civil damages


Any person, except a minor, who knowingly participates in any conduct proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, is liable for civil damages.


CREDIT(S)


Source: SL 2002, ch 109, § 14; SDCL § 22-22-24.7; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-8. Persons who may bring action for damages


Any of the following persons may bring an action for damages caused by another person's conduct as proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive:


(1) The child;


(2) Any parent, legal guardian, or sibling of a victimized child;


(3) Any medical facility, insurer, governmental entity, employer, or other entity that funds a treatment program or employee assistance program for the child or that otherwise expended money or provided services on behalf of the child;


(4) Any person injured as a result of the willful, reckless, or negligent actions of a person who knowingly participated in conduct proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive.


If the parent or guardian is named as a defendant in the action, the court shall appoint a special guardian to bring the action on behalf of the child.


CREDIT(S)


Source: SL 2002, ch 109, § 15; SDCL § 22-22-24.8; SL 2005, ch 120, §§ 407, 411.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-9. Persons from whom damages may be sought


Any person entitled to bring an action under § 22-24A-8 may seek damages from any person, except a minor, who knowingly participated in the production or in the chain of distribution of any visual depiction proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive.


CREDIT(S)


Source: SL 2002, ch 109, § 16; SDCL § 22-22-24.9; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-10. Damages recoverable


Any person entitled to bring an action under § 22-24A-8 may recover all of the following damages:


(1) Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the proscribed conduct;


(2) Noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by the proscribed conduct;


(3) Exemplary damages;


(4) Attorneys' fees; and


(5) Disbursements.


CREDIT(S)


Source: SL 2002, ch 109, § 17; SDCL § 22-22-24.10; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-11. Joinder of plaintiffs--Joinder of defendants


Two or more persons may join in one action under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, as plaintiffs if their respective actions have at least one common occurrence of proscribed conduct under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, and if any portion of the period of such conduct overlaps with the period for every other plaintiff. Two or more persons may be joined in one action under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, as defendants if those persons are liable to at least one plaintiff.


CREDIT(S)


Source: SL 2002, ch 109, § 18; SDCL § 22-22-24.11; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-12. Judgment debtor ineligible to exempt property from levy or execution--Exception


Any person against whom a judgment has been rendered under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. Any assets sought to satisfy a judgment under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.


CREDIT(S)


Source: SL 2002, ch 109, § 19; SDCL § 22-22-24.12; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-13. Statute of limitations


Any action for damages under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, shall be commenced within six years of the time the plaintiff knew, or had reason to know, of any injury caused by violations of §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive. The knowledge of a parent, guardian, or custodian may not be imputed to the minor.


For a plaintiff, the statute of limitations under this section is tolled while any potential plaintiff is incapacitated by minority.


CREDIT(S)


Source: SL 2002, ch 109, § 20; SDCL § 22-22-24.13; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-14. Civil action stayed pending completion of criminal action--Statute of limitations tolled


On motion by a governmental agency involved in an investigation or prosecution, any civil action brought under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. The statute of limitations as provided in § 22-24A-13 shall be tolled for the time any such stay is in effect.


CREDIT(S)


Source: SL 2002, ch 109, § 21; SDCL § 22-22-24.14; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-15. Person convicted forfeits certain property interests--Distribution of seized assets


Any person who is convicted of an offense under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, shall forfeit to the state the person's interest in the following and no property right exists in them:


(1) Any photograph, film, videotape, book, digital media or visual depiction that has been manufactured, distributed, purchased, possessed, acquired, or received in violation of §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;


(2) Any material, product, and equipment of any kind that is used or intended for use in manufacturing, processing, publishing, selling, possessing, or distributing any visual depiction proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;


(3) Any property that is used, or intended for use, as a container for property described in subdivisions (1) and (2) of this section, including any computers and digital media;


(4) Any conveyances including aircraft, vehicles, or vessels, that transport, possess, or conceal, or that is used, or intended for use, to transport, or in any manner facilitate the transportation, sale, receipt, possession or concealment of any visual depiction proscribed under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;


(5) Any book, record, and research, including microfilm, tape, and data that is used, or intended for use, in violation of §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;


(6) Any funds or other things of value used for the purposes of unlawfully purchasing, attempting to purchase, distributing, or attempting to acquire or distribute any visual depiction proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive;


(7) Any asset, interest, profit, income, and proceed acquired or derived from the unlawful sale or purchase, attempted sale or purchase, distribution, or attempted distribution of any visual depiction proscribed by §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive.


Any property described in subdivision (1) of this section shall be deemed contraband and shall be summarily forfeited to the state. Any other property seized and forfeited shall be used to reimburse the actual costs of the criminal investigation and prosecution. Any amount over and above the amount necessary to reimburse for the investigation and prosecution shall be used to satisfy any civil judgments. The attorney general shall promulgate rules, pursuant to chapter 1-26, to implement the distribution of seized and forfeited assets.


CREDIT(S)


Source: SL 2002, ch 109, § 22; SDCL § 22-22-24.15; SL 2005, ch 120, §§ 407, 412.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-16. Internet service providers to report suspected violations of child pornography laws--Permitting subscriber to use service for child pornography prohibited--Misdemeanor


Any person working at or for an internet service provider or other electronic communication service who has knowledge of or observes, within the scope of the person's professional capacity or employment, a visual depiction that depicts a minor whom the person knows or reasonably should know to be under the age of eighteen, engaged in prohibited sexual acts or in the simulation of prohibited sexual acts, shall report the depiction to his or her employer or supervisor. The depiction shall then be reported to an appropriate law enforcement agency as soon as reasonably possible. The provider need not report to law enforcement depictions involving mere nudity of the minor, but shall report visual depictions involving prohibited sexual acts. This section may not be construed to require a provider to review all visual depictions received by subscribers or handled by the provider within the provider's professional capacity or employment.


It is unlawful for any owner or operator of a computer on-line service, internet service, or local internet bulletin board service knowingly to permit a subscriber to utilize the service to produce or reproduce visual depictions of prohibited sexual acts with a minor.


A violation of this section is a Class 1 misdemeanor. However, a violation of this section does not constitute grounds for a civil action for damages against any person.


CREDIT(S)


Source: SL 2002, ch 109, § 23; SDCL § 22-22-24.16; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-17. Film processors to report suspected violations of child pornography laws--Permitting use of services for child pornography prohibited--Misdemeanor


Any person working at or for a commercial film and photograph print processor who has knowledge of or observes, within the scope of the processor's professional capacity or employment, a film, photograph, video tape, negative, slide or other visual depiction that depicts a minor whom the processor knows or reasonably should know to be under the age of eighteen, engaged in prohibited sexual acts or in the simulation of prohibited sexual acts, shall report the depiction to his or her employer or supervisor. The depiction shall then be reported to an appropriate law enforcement agency as soon as reasonably possible. The processor need not report to law enforcement depictions involving mere nudity of the minor, but shall report visual depictions involving prohibited sexual acts. This section may not be construed to require a processor to review all films, photographs, videotapes, negatives, or slides delivered to the processor within the processor's professional capacity or employment.


It is unlawful for any owner or operator of a photography or film studio, photograph or film developing service, photograph or film reproducing service, or video to film reproducing service knowingly to permit any person to utilize photograph or film reproduction or development services to produce or reproduce visual depictions of prohibited sexual acts with a minor.


A violation of this section is a Class 1 misdemeanor. However, a violation of this section does not constitute grounds for a civil action for damages against any person.


CREDIT(S)


Source: SL 2002, ch 109, § 24; SDCL § 22-22-24.17; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-18. Computer repair technicians to report suspected violations of child pornography laws--Misdemeanor


Any commercial computer repair technician who has knowledge of or observes, within the scope of the technician's professional capacity or employment, a film, photograph, video tape, negative, slide or other visual depiction of a minor whom the technician knows or reasonably should know to be under the age of eighteen, engaged in prohibited sexual acts or in the simulation of prohibited sexual acts, shall report the depiction to an appropriate law enforcement agency as soon as reasonably possible. The computer repair technician need not report to law enforcement depictions involving mere nudity of the minor, but shall report visual depictions involving prohibited sexual acts. This section may not be construed to require a computer repair technician to review all data, disks, or tapes delivered to the computer repair technician within the computer repair technician's professional capacity or employment.


A violation of this section is a Class 1 misdemeanor. However, a violation of this section does not constitute grounds for a civil action for damages against any person.


CREDIT(S)


Source: SL 2002, ch 109, § 25; SDCL § 22-22-24.18; SL 2005, ch 120, § 407.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-19. Child sexual exploitation laws inapplicable to certain official duties


The provisions of §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, do not apply to the performance of official duties by any law enforcement officer, court employee, attorney, licensed physician, psychologist, social worker, or any person acting at the direction of a licensed physician, psychologist, or social worker in the course of a bona fide treatment or professional education program.


CREDIT(S)


Source: SL 2002, ch 109, § 26; SDCL § 22-22-24.19; SL 2005, ch 120, §§ 407, 413.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24A-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24A. Child Pornography (Refs & Annos)

22-24A-20. Exemption of publications with redeeming social value


The provisions of §§ 22-22-24.3, 22-24A-1, 22-24A-3, and 22-24A-5 do not apply to the selling, lending, distributing, exhibiting, giving away, showing, possessing, or making of films, photographs, or other materials involving only nudity, if the materials are made for and have a serious literary, artistic, educational, or scientific value.


CREDIT(S)


Source: SL 1978, ch 159, § 5; SL 2002, ch 109, § 33; SDCL § 22-22-25; SL 2005, ch 120, §§ 407, 414.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-24B, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-24B. Sex Offender Registry


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-1. Sex crimes defined


For the purposes of §§ 22-24B-2 to 22-24B-14, inclusive, a sex crime is any of the following crimes regardless of the date of the commission of the offense or the date of conviction:


(1) Rape as set forth in § 22-22-1;


(2) Felony sexual contact with a minor under sixteen as set forth in § 22-22-7 if committed by an adult;


(3) Sexual contact with a person incapable of consenting as set forth in § 22-22-7.2;


(4) Incest if committed by an adult;


(5) Possessing, manufacturing, or distributing child pornography as set forth in § 22-24A-3;


(6) Sale of child pornography as set forth in § 22-24A-1;


(7) Sexual exploitation of a minor as set forth in § 22-22-24.3;


(8) Kidnapping, as set forth in § 22-19-1, if the victim of the criminal act is a minor;


(9) Promotion of prostitution of a minor as set forth in subdivision 22-23-2(2);


(10) Criminal pedophilia as previously set forth in § 22-22-30.1;


(11) Felony indecent exposure as previously set forth in former § 22-24-1 or felony indecent exposure as set forth in § 22-24-1.2;


(12) Solicitation of a minor as set forth in § 22-24A-5;


(13) Felony indecent exposure as set forth in § 22-24-1.3;


(14) Bestiality as set forth in § 22-22-42;


(15) An attempt to commit any of the crimes listed in this section or any conspiracy or solicitation to commit any of the crimes listed in this section;


(16) Any crime committed in a place other than this state which would constitute a sex crime under this section if committed in this state;


(17) Any federal crime or court martial offense that would constitute a sex crime under federal law;


(18) Any crime committed in another state if that state also requires that anyone convicted of that crime register as a sex offender in that state; or


(19) If the victim is a minor:


(a) Any sexual acts between a jail employee and a detainee as set forth in § 22-22-7.6;


(b) Any sexual contact by a psychotherapist as set forth in § 22-22-28; or


(c) Any sexual penetration by a psychotherapist as set forth in § 22-22-29;


(20) Intentional exposure to HIV infection as set forth in subdivision (1) of § 22-18-31.


CREDIT(S)


Source: SL 1994, ch 174, § 1; SL 1995, ch 123, § 1; SL 1997, ch 134, § 1; SL 1998, ch 136, § 4; SL 2002, ch 109, § 11; SL 2002, ch 110, § 1; SL 2003, ch 127, § 4; SL 2004, ch 153, § 1; SDCL § 22-22-30; SL 2005, ch 120, §§ 415, 416; SL 2006, ch 123, § 1; SL 2008, ch 110, § 1; SL 2010, ch 117, § 1; SL 2010, ch 119, § 9.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-1.1. Business day defined


For the purposes of this chapter, the term, business day, is defined to mean the same as subdivision 37-24-1(2).


CREDIT(S)


Source: SL 2010, ch 118, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-2. Registration of convicted sex offenders--Time limit--Violation as felony--Discharge


Any person who has been convicted for commission of a sex crime, as defined in § 22-24B-1, shall register as a sex offender. The term, convicted, includes a verdict or plea of guilty, a plea of nolo contendere, and a suspended imposition of sentence which has not been discharged pursuant to § 23A-27-14 prior to July 1, 1995. Any juvenile fourteen years or older shall register as a sex offender if that juvenile has been adjudicated of rape as defined in subdivision 22-24B-1(1), or of an out-of-state or federal offense that is comparable to the elements of these crimes of rape or any crime committed in another state if the state also requires a juvenile adjudicated of that crime to register as a sex offender in that state. The term, adjudicated, includes a court's finding of delinquency, an admission, and a suspended adjudication of delinquency which has not been discharged pursuant to § 26-8C-4 prior to July 1, 2009. The sex offender shall register within three business days of coming into any county to reside, temporarily domicile, attend school, attend postsecondary education classes, or work. Registration shall be with the chief of police of the municipality in which the sex offender resides, temporarily domiciles, attends school, attends postsecondary education classes, or works, or, if no chief of police exists, then with the sheriff of the county. If the sex offender is not otherwise registered in the state, the sex offender shall register within three business days of coming into any county when the sex offender applies for or receives a South Dakota driver license, registers a motor vehicle, establishes a postal address, or registers to vote. A violation of this section is a Class 6 felony. Any person whose sentence is discharged under § 23A-27-14 after July 1, 1995, shall forward a certified copy of such formal discharge by certified mail to the Division of Criminal Investigation and to local law enforcement where the person is then registered under this section. Upon receipt of such notice, the person shall be removed from the sex offender registry open to public inspection and shall be relieved of further registration requirements under this section. Any juvenile whose suspended adjudication is discharged under § 26-8C-4 after July 1, 2009, shall forward a certified copy of the formal discharge by certified mail to the Division of Criminal Investigation and to local law enforcement where the juvenile is then registered under this section. Upon receipt of the notice, the juvenile shall be removed from the sex offender registry open to public inspection and shall be relieved of further registration requirements under this section.


CREDIT(S)


Source: SL 1994, ch 174, § 2; SL 1995, ch 123, § 2; SL 1997, ch 135, § 1; SL 2002, ch 110, § 2; SDCL § 22-22-31; SL 2005, ch 120, §§ 415, 417; SL 2006, ch 123, § 2; SL 2009, ch 117, § 1; SL 2010, ch 118, § 1; SL 2010, ch 119, § 8.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-2.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-2.1. Sex offender registry consists of three tiers


The sex offender registry shall consist of three tiers as provided for in §§ 22-24B-19 to 22-24B-19.2, inclusive. Placement in Tier III requires registrants to register throughout their lifetime. Placement in Tier II requires registrants to register for a minimum of twenty-five years. Placement in Tier I requires registrants to register for a minimum of ten years.


CREDIT(S)


Source: SL 2010, ch 119, § 7.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-3. Work defined


As used in § 22-24B-2, the term, work, includes employment that is full-time or part-time for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.


CREDIT(S)


Source: SL 2005, ch 120, § 424.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-4. Attends school and attends classes defined


As used in § 22-24B-2, the term, attends school, and the term, attends classes, refer to any person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, or professional institution, or institution of higher education.


CREDIT(S)


Source: SL 2005, ch 120, § 425.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-5. Annual verification form mailed to registered offender--Return of form--Failure to return form--Violation as felony


The Division of Criminal Investigation shall mail a nonforwardable verification form at least once annually to the last reported address of each person registered under § 22-24B-2. The person shall return the verification form to the Division of Criminal Investigation within ten days after receipt of any such form. The verification form shall be signed by the person required to register and shall state that the person still resides at the address last reported to the Division of Criminal Investigation. If the person fails to return the verification form to the Division of Criminal Investigation within ten days after receipt of the form, the person is in violation of this section. Nonreceipt of a registration verification does not constitute a defense to failure to comply with this section. A violation of this section is a Class 6 felony.


CREDIT(S)


Source: SL 1995, ch 123, § 3; SL 2002, ch 110, § 3; SDCL § 22-22-31.1; SL 2005, ch 120, § 415; SL 2006, ch 123, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-6. Commencement or change in enrollment or employment--Report to local law enforcement--Time limit--Violation as felony


Any person who is registered as required by § 22-24B-2 and who is employed, carries on a vocation, or attends postsecondary classes at an institution of higher education, institution of higher learning, or technical institute in this state shall, within three business days of any commencement and within three business days of termination of such enrollment or employment or change in employer, report to the chief of police or county sheriff where the institution is located and complete a registration update form. A violation of this section is a Class 6 felony.


CREDIT(S)


Source: SL 2003, ch 125, § 1; SDCL § 22-22-31.3; SL 2005, ch 120, § 415; SL 2006, ch 123, § 5; SL 2010, ch 118, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-7. Registration every six months--Violation as felony


Any person who is subject to the provisions of § 22-24B-2 shall reregister every six months in the same manner as may be provided by law for initial registration. Such person shall reregister during the calendar month during which the registrant was born and six months following the person's birth month.


A violation of this section is a Class 6 felony.


CREDIT(S)


Source: SL 2003, ch 126, § 1; SDCL § 22-22-31.4; SL 2005, ch 120, § 415; SL 2006, ch 123, § 6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-8. Information required for sex offender registration--DNA sample--Violation as felony


The registration shall include the following information which, unless otherwise indicated, shall be provided by the offender:


(1) Name and all aliases used;


(2) Complete description, photographs, fingerprints and palm prints collected and provided by the registering agency;


(3) Residence, length of time at that residence including the date the residence was established, and length of time expected to remain at that residence;


(4) The type of sex crime convicted of;


(5) The date of commission and the date of conviction of any sex crime committed;


(6) Social Security number on a separate confidential form;


(7) Driver license number and state of issuance;


(8) Whether or not the registrant is receiving or has received any sex offender treatment;


(9) Employer name, address, and phone number or school name, address, and phone number;


(10) Length of employment or length of attendance at school;


(11) Occupation or vocation;


(12) Vehicle license plate number of any vehicle owned by the offender;


(13) Information identifying any internet accounts of the offender as well as any user names, screen names, and aliases that the offender uses on the internet;


(14) A listing of all felony convictions, in any jurisdiction, for crimes committed as an adult and sex offense convictions and adjudications subject to sex offender registry provided by the offender and confirmed by the registering agency;


(15) A description of the offense, provided by the prosecuting attorney;


(16) Acknowledgment whether the offender is currently an inmate, parolee, juvenile in department of corrections placement or under aftercare supervision, county or city jail inmate or detainee in a juvenile detention center, provided by the offender and confirmed by the administering body of the correctional facility;


(17) Acknowledgment whether the offender is subject to community safety zone restrictions, provided by the registering agency;


(18) The name, address and phone number of two local contacts, who have regular interaction with the offender and the name, address and phone number of the offender's next of kin;


(19) Passport and any document establishing immigration status, including the document type and number; and


(20) Any professional, occupational, business or trade license from any jurisdiction.


In addition, at the time of the offender's registration, the registering agency will collect a DNA sample and submit the sample to the South Dakota State Forensic Laboratory in accordance with procedures established by the South Dakota State Forensic Laboratory. The collection of DNA at the time of the registration is not required if the registering agency can confirm that DNA collection and submission to the South Dakota State Forensic Laboratory has already occurred.


Any failure by the offender to accurately provide the information required by this section is a Class 6 felony.


CREDIT(S)


Source: SL 1994, ch 174, § 3; SL 1998, ch 134, § 2; SL 2003, ch 125, § 2; SDCL § 22-22-32; SL 2005, ch 120, § 415; SL 2006, ch 123, § 7; SL 2011, ch 117, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-8.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-8.1. Annual confirmation by law enforcement of residence address


The chief of police in the municipality in which the sex offender resides, or if no chief of police exists, the sheriff of the county, shall annually confirm that the address listed on the sex offender registry matches the residence of each registered sex offender. Such confirmation shall be submitted to the Division of Criminal Investigation.


CREDIT(S)


Source: SL 2006, ch 123, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-9. Information from sex offender registry--Specifics included


When a law enforcement official provides information from the sex offender registry, the information shall include the offender's name, address, the type of sex crime convicted of, and the date of the commission of the crime and the date of conviction of any sex crime committed.


CREDIT(S)


Source: SL 1998, ch 134, § 1; SDCL § 22-22-32.1; SL 2005, ch 120, § 415.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-10. Registration forwarded to Division of Criminal Investigation--Files open to public--Exceptions


Within three days of registering a person pursuant to §§ 22-24B-1 to 22-24B-14, inclusive, the registering law enforcement agency shall forward the information to the Division of Criminal Investigation. The Division of Criminal Investigation shall maintain a file of all the registrations and shall make them available to state, county, and municipal law enforcement agencies on a twenty-four hour basis. An offender's registration compliance status and registration information, other than the registrant's social security number, victim name, DNA sample, and the names, addresses, and phone numbers for local contacts and next of kin are public information. The provisions of §§ 23-5-11 and 23-6-14 do not apply to providing files pursuant to §§ 22-24B-1 to 22-24B-14, inclusive.


CREDIT(S)


Source: SL 1994, ch 174, § 4; SL 1995, ch 123, § 4; SDCL § 22-22-33; SL 2005, ch 120, § 415; SL 2006, ch 123, § 8.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-11. Availability of sex offenders' files--Participation in National Sex Offender Public Registry


The Division of Criminal Investigation may make the file available to any regional or national registry of sex offenders and shall participate in the National Sex Offender Public Registry maintained by the United States Department of Justice. The division shall accept files from any regional or national registry of sex offenders and shall make such files available when requested pursuant to §§ 22-24B-1 to 22-24B-14, inclusive.


CREDIT(S)


Source: SL 1994, ch 174, § 4A; SDCL § 22-22-34; SL 2005, ch 120, § 415; SL 2006, ch 124, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-12. Written notice of new location or address required--Time limit--Violation as felony


Any person required to register pursuant to §§ 22-24B-1 to 22-24B-14, inclusive, who moves to a different location or residence address shall inform the law enforcement agency with whom the person last registered of the new location or address, in writing, within three business days. The law enforcement agency shall, within three days of receipt, forward the information to the Division of Criminal Investigation and to the law enforcement agency having jurisdiction of the new location or residence. A failure to register pursuant to this section is a Class 6 felony.


CREDIT(S)


Source: SL 1994, ch 174, § 5; SL 2002, ch 110, § 4; SDCL § 22-22-36; SL 2005, ch 120, § 415; SL 2006, ch 123, § 9; SL 2008, ch 111, § 1; SL 2011, ch 117, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-12.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-12.1. Second or subsequent convictions


Any person who has been convicted of, or entered a plea of guilty to, one or more violations of § 22-24B-2, 22-24B-5, 22-24B-6, 22-24B-7, 22-24B-8 or 22-24B-12 is guilty of a Class 5 felony for any second or subsequent conviction of § 22-24B-2, 22-24B-5, 22-24B-6, 22-24B-7, 22-24B-8 or 22-24B-12.


CREDIT(S)


Source: SL 2006, ch 123, § 10.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-13. Duty of institutions to inform convicted sex offenders of registration requirements and community safety zone restrictions


Any person required to register pursuant to §§ 22-24B-1 to 22-24B-14, inclusive, who is discharged or paroled or temporarily released from an institution of the Department of Corrections or the Department of Human Services or the Department of Social Services or from any jail or other facility in this state where the person was confined because of a conviction of an offense as described in § 22-24B-1 shall, prior to discharge, parole, furlough, work release, or similar program outside the facility, or release, be informed of the duty to register under §§ 22-24B-1 to 22-24B-14, inclusive, and informed of community safety zone restrictions, by the institution in which the person was confined. The institution shall require the person to read and sign any forms as may be required by the Division of Criminal Investigation stating that the duty to register, community safety zone restrictions, and the procedure for registration have been explained. The institution shall obtain the address where the person plans to reside upon discharge, parole, furlough, work release, or similar program outside the facility, or release and shall report the address to the Division of Criminal Investigation. The institution shall give one copy of the form to the person and shall send one copy to the Division of Criminal Investigation and one copy to the law enforcement agency having jurisdiction where the person plans to reside upon discharge, parole, furlough, work release, or similar program outside the facility, or release, and one copy to the office of the state's attorney in the county in which the person was convicted.


CREDIT(S)


Source: SL 1994, ch 174, § 7; SL 1995, ch 123, § 9; SDCL § 22-22-38; SL 2005, ch 120, § 415; SL 2006, ch 125, § 8; SL 2011, ch 1 (Ex. Ord. 11-1), § 134, eff. Apr. 12, 2011.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-14. Duty of court to inform sexual offenders of registration requirement and community safety zone restrictions


Any person required to register pursuant to §§ 22-24B-1 to 22-24B-14, inclusive, who is released on probation because of the commission or attempt to commit one of the offenses as described in § 22-24B-1 shall, prior to release be informed of the duty to register under §§ 22-24B-1 to 22-24B-14, inclusive, and informed of community safety zone restrictions, by the court in which the person was convicted. The court shall require the person to read and sign any forms as may be required by the Division of Criminal Investigation stating that the duty to register, community safety zone restrictions, and the procedure for registration have been explained. The court shall obtain the address where the person plans to reside upon release and shall report the address to the Division of Criminal Investigation. The court shall give one copy of the form to the person and shall send one copy to the Division of Criminal Investigation and one copy to the law enforcement agency having jurisdiction where the person plans to reside upon release.


CREDIT(S)


Source: SL 1994, ch 174, § 8; SL 1995, ch 123, § 10; SDCL § 22-22-39; SL 2005, ch 120, § 415; SL 2006, ch 125, § 9.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-15. Registration records and lists as public records--Confidentiality of victim identifying information


Any registration record collected by local law enforcement agencies pursuant to this chapter, registration lists provided to local law enforcement by the Division of Criminal Investigation, and records collected by institutions pursuant to § 22-24B-13 for those persons required to register under the provisions of §§ 22-24B-1 to 22-24B-14, inclusive, is a public record as provided in chapter 1-27.


Nothing in this section permits the release of the name or any identifying information regarding the victim of the crime to any person other than law enforcement agencies, and such victim identifying information is confidential.


CREDIT(S)


Source: SL 1995, ch 123, § 5; SDCL § 22-22-40; SL 2005, ch 120, §§ 415, 419.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-16. Penalties for crime committed as result of information from sex offender registry


Any person who commits any crime as a result of information gained through the sex offender registry or through public information kept pursuant to § 22-24B-15 is guilty of a Class 6 felony. Such liability is in addition to any other civil or criminal penalties.


CREDIT(S)


Source: SL 1995, ch 123, § 6; SDCL § 22-22-41; SL 2005, ch 120, § 415.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-17. Petition for removal from the sex offender registry--Service--Response


Any person required to register under this chapter who is eligible to seek removal from the registry as provided for in § 22-24B-19 or 22-24B-19.1 may petition the circuit court in the county where the person resides for an order terminating the person's obligation to register. If the person seeking removal from the registry is not a resident of this state, but is required to register under other requirements of § 22-24B-2, then the person may petition the circuit court of any county of this state where the person is currently registered. The offender shall serve the petition and all supporting documentation on the state's attorney in the county where the offender is currently registered, the office of the prosecutor in the jurisdiction where the offense occurred, and the Attorney General. The Attorney General's office shall respond to each petition to request removal from the sex offender registry.


No person petitioning the court under this section for an order terminating the person's obligation to register is entitled to court appointed counsel, experts, or publicly funded witnesses.


CREDIT(S)


Source: SL 2005, ch 120, § 420; SL 2010, ch 119, § 6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-18. Petition and documentation--Contents


The petition and documentation to support the request for removal from the sex offender registry shall include:


(1) The information required for registration of convicted sex offenders in § 22-24B-8;


(2) A detailed description of the sex crime that was the basis for the offender to register;


(3) A certified copy of judgment of conviction or other sentencing document; and


(4) The offender's criminal record and a detailed description of those offenses.


CREDIT(S)


Source: SL 2005, ch 120, § 421.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-19. Criteria for removal from registry as Tier I offender


To be eligible for removal from the registry as a Tier I offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met:


(1) At least ten years have elapsed since the date the petitioner first registered pursuant to this chapter;


(2) The crime requiring registration was for:


(a) Statutory rape under subdivision 22-22-1(5), or an attempt to commit statutory rape under subdivision 22-22-1(5), but only if the petitioner was twenty-one years of age or younger at the time the offense was committed or attempted;


(b) A juvenile adjudication for a sex crime as defined in subdivision 22-24B-1(1);


(c) Sexual contact under § 22-22-7 if the victim was between the ages of thirteen and sixteen and the petitioner was at least three years older than the victim, but only if the petitioner was twenty-one years of age or younger at the time the offense was committed; or


(d) An out-of-state, federal or court martial offense that is comparable to the elements of the crimes listed in (a), (b), or (c);


(3) The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen;


(4) The petitioner is not a recidivist sex offender;


(5) The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and


(6) Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk or danger to the community.


For purposes of this section, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility does not count toward the ten-year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense.


CREDIT(S)


Source: SL 2005, ch 120, § 422; SL 2010, ch 119, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-19.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-19.1. Criteria for removal from registry as Tier II offender


To be eligible for removal from the registry as a Tier II offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met:


(1) At least twenty-five years have elapsed since the date the petitioner first registered pursuant to this chapter;


(2) The crime requiring registration was for:


(a) Incest as defined in § 22-22A-2; or


(b) An out-of-state, federal or court martial offense that is comparable to the elements of incest as defined in § 22-22A-2; or


(c) Bestiality as set forth in § 22-22-42;


(3) The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen;


(4) The petitioner is not a recidivist sex offender;


(5) The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B; and


(6) Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk or danger to the community.


For purposes of this section, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility does not count toward the twenty-five year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense.


CREDIT(S)


Source: SL 2010, ch 119, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-19.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-19.2. Tier III offender defined


Any person, who is on the sex offender registry and who is not eligible for removal pursuant to §§ 22-24B-19 and 22-24B-19.1, is a Tier III offender.


CREDIT(S)


Source: SL 2010, ch 119, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-19.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-19.3. Recidivist sex offender defined


A recidivist sex offender is a person who has been convicted or adjudicated for more than one sex crime listed in § 22-24B-1, regardless of when those convictions or adjudications occurred. However, no person is a recidivist sex offender unless the person committed the second sex crime after having been convicted or adjudicated of a previous sex crime. For purposes of this section, a conviction or adjudication includes a verdict or plea of guilty; a verdict or plea of guilty but mentally ill; a plea of nolo contendere; a suspended imposition of sentence granted under § 23A-27-13, regardless of whether it has been discharged; a deferred prosecution agreement entered by a prosecutor; and a determination made in another state, federal jurisdiction, or courts martial that is comparable to any of these events.


CREDIT(S)


Source: SL 2010, ch 119, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-20. Order for removal of name from sex offender registry--Denial of petition


If the court finds that all of the criteria described in § 22-24B-19 or 22-24B-19.1 have been met and that the petitioner is not likely to offend again, then the court may, in its discretion, enter an order terminating the petitioner's obligation to register in this state and require the removal of petitioner's name from the registry. However, if the court finds that the offender has provided false, misleading, or incomplete information in support of the petition, or failed to serve the petition and supporting documentation upon the respondent, then the petition may be denied. If the petition is denied, the petitioner may not file a subsequent petition for at least two years from the date the previous petition was denied.


CREDIT(S)


Source: SL 2005, ch 120, § 423; SL 2010, ch 119, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-21. Internet site with sex offender registration information--Division and registering agency not liable for good faith conduct


The Division of Criminal Investigation shall post and maintain on an internet site sex offender registration information including offender name, physical description and photograph, address, type of sex crime convicted of, previous convictions requiring registration as defined in § 22-24B-1, dates of commission and the dates of conviction of any sex crime committed, community safety zone restrictions, offense description, and the offender's status as an inmate, parolee, or person who has completed their correctional placement.


The division shall update sex offender registration information on the internet site within three business days of receipt from the registering agency. The division and the registering agency are not civilly or criminally liable for good faith conduct under this section or § 22-24B-11.


CREDIT(S)


Source: SL 2006, ch 124, § 1; SL 2011, ch 117, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-22. Definitions


Terms used in §§ 22-24B-22 to 22-24B-28, inclusive, mean:


(1) “Community safety zone,” the area that lies within five hundred feet from the facilities and grounds of any school, public park, public playground, or public pool, including the facilities and grounds itself;


(2) “Loiter,” to remain for a period of time and under circumstances that a reasonable person would determine is for the primary purpose of observing or contacting minors;


(3) “School,” any public, private, denominational, or parochial school offering preschool, kindergarten, or any grade from one through twelve;


(4) “Residence,” the address an offender lists for purposes of the sex offender registry as provided for in subdivision 22-24B-8(3).


CREDIT(S)


Source: SL 2006, ch 125, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-23

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-23. Restrictions on residence within community safety zone--Violation as felony


No person who is required to register as a sex offender pursuant to this chapter may establish a residence or reside within a community safety zone unless:


(1) The person is incarcerated in a jail or prison or other correctional placement which is located within a community safety zone;


(2) The person is on parole or probation and has been assigned to a halfway house or supervised living center within a community safety zone;


(3) The person is homeless and has been admitted to a community homeless shelter within a community safety zone by an appropriate community official;


(4) The person is placed in a health care facility licensed pursuant to chapter 34-12, or certified under Title XVIII or XIX of the Social Security Act as amended to December 31, 2001, or receiving services from a community service provider accredited or certified by the Department of Human Services or the Department of Social Services, which is located within a community safety zone;


(5) The person was under age eighteen at the time of the offense and the offender was not tried and convicted of the offense as an adult;


(6) The person established the residence prior to July 1, 2006;


(7) The school, public park, public pool, or public playground was built or established subsequent to the person's establishing residence at the location; or


(8) The circuit court has entered an order pursuant to § 22-24B-28 exempting the offender from the provisions of §§ 22-24B-22 to 22-24B-28, inclusive.


A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony.


CREDIT(S)


Source: SL 2006, ch 125, § 2; SL 2010, ch 120, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 134, eff. Apr. 12, 2011; SL 2012, ch 128, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-24

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-24. Loitering within community safety zone prohibited--Exception--Violation as felony


No person who is required to register as a sex offender as defined in this chapter may loiter within a community safety zone unless the person was under age eighteen at the time of the offense and the offender was not tried and convicted of the offense as an adult or the circuit court has entered an order pursuant to § 22-24B-28 exempting the offender from the provisions of §§ 22-24B-22 to 22-24B-28, inclusive.


A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony.


CREDIT(S)


Source: SL 2006, ch 125, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-25

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-25. Inconsistent local ordinances on residence and community access prohibited


No city, county, municipality, or township may, by local ordinance, restrict or mitigate residence or community access for convicted sex offenders inconsistent with the provisions of §§ 22-24B-22 to 22-24B-28, inclusive.


CREDIT(S)


Source: SL 2006, ch 125, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-26

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-26. Petition for order of exemption from safety zone restrictions--Contents--Service--Response


An offender subject to community safety zone restrictions pursuant to §§ 22-24B-22 to 22-24B-28, inclusive, who is eligible to seek exemption from these restrictions as provided for in § 22-24B-27 may petition the circuit court in the county where the person resides for an order to terminate the person's obligation to comply with the community safety zone restrictions. The offender shall serve the petition and all supporting documentation on the state's attorney in the county where the offender currently resides, the office of the prosecutor in the jurisdiction where the offense occurred, and the Office of the Attorney General. The state's attorney in the county where the offender currently resides shall respond to each petition to request exemption from the community safety zone restrictions.


No person petitioning the court under this section for an order terminating the persons's obligation to comply with community safety zone restrictions is entitled to court appointed counsel, publicly funded experts, or publicly funded witnesses.


The petition and documentation to support the request for exemption from the community safety zone restrictions shall include:


(1) All information required for registration of convicted sex offenders in § 22-24B-8;


(2) A detailed description of the sex crime that was the basis for the offender to be subject to community safety zone restrictions;


(3) A certified copy of judgment of conviction or other sentencing document; and


(4) The offender's criminal record.


The court may request that the petitioner provide additional information if the information provided is incomplete or if the court desires more information relative to the request for exemption.


CREDIT(S)


Source: SL 2006, ch 125, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-27

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-27. Eligibility for exemption from community safety zone restrictions


To be eligible for exemption from the community safety zone restrictions, the petitioner shall show, by clear and convincing evidence, the following:


(1) That at least ten years have elapsed since the date the petitioner was convicted of the offense that subjected the petitioner to community safety zone restrictions pursuant to §§ 22-24B-22 to 22-24B-28, inclusive. For purposes of this subdivision, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility or during which the petitioner was on probation or parole supervision does not count toward the ten-year calculation, regardless of whether such incarceration, confinement or community supervision was for the sex offense requiring registration or for some other offense;


(2) That the petitioner is not a recidivist sex offender. A recidivist sex offender is a person who has been convicted or adjudicated for more than one sex crime listed in subdivisions 22-24B-1(1) to (19), inclusive, regardless of when those convictions or adjudications occurred. For purposes of this subdivision and subdivision (1) of this section, a conviction or adjudication includes a verdict or plea of guilty; a verdict or plea of guilty but mentally ill; a plea of nolo contendere; a suspended imposition of sentence granted under § 23A-27-13, regardless of whether it has been discharged; a deferred prosecution agreement entered by a prosecutor; and a determination made in another state, federal jurisdiction, or courts martial that is comparable to any of these events;


(3) That the petitioner has completely and truthfully complied with the registration and reregistration requirements imposed under this chapter;


(4) That the petitioner has actually resided in South Dakota at least ten consecutive years immediately prior to the filing of the petition. Residence as used in this subdivision does not mean the registration address of an incarcerated sex offender; and


(5) The circumstances of the crime subjecting the offender to community safety zone restrictions did not involve a child under age thirteen.


CREDIT(S)


Source: SL 2006, ch 125, § 6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-28

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-28. Order granting or denying petition--Restrictions on subsequent petition


If the court finds that all of the criteria provided for in § 22-24B-27 have been met and that the petitioner is not likely to offend again, then the court may, in its discretion, enter an order terminating the petitioner's obligation to comply with the community safety zone restrictions of this state. However, if the court finds that the offender has provided false or misleading information in support of the petition, or failed to serve the petition and supporting documentation upon the parties provided for in § 22-24B-26, then the petition shall be denied. If the petition is denied, the petitioner may not file a subsequent petition for at least two years from the date the previous petition was denied. The court shall forward any order terminating the petitioner's obligation to comply with community safety zone restrictions to the Division of Criminal Investigation.


CREDIT(S)


Source: SL 2006, ch 125, § 7.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-29

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-29. Summary description of offense forwarded to or developed by Division of Criminal Investigation


If any person is convicted of a sex crime as defined in § 22-24B-1 that is subject to sex offender registration requirements as defined in §§ 22-24B-2 to 22-24B-14, inclusive, the prosecuting attorney shall prepare a summary description of the offense and forward this to the Division of Criminal Investigation for inclusion on the sex offender registry.


Any person who, on July 1, 2006, is subject to sex offender registration or is subject to sex offender registration as a result of a foreign criminal conviction, may have a summary description of the offense developed by the Division of Criminal Investigation and entered on the registry, if the information is available.


The term, foreign criminal conviction, as used in this section and § 22-24B-31, means any conviction issued by a court of competent jurisdiction of another state, federal court, Indian tribe, the District of Columbia, or a commonwealth, territory, or possession of the United States which is enforceable as if the order was issued by a court in this state.


Nothing in this section allows the release of the name of the victim of the crime to any person other than law enforcement agencies, and the name of the victim is confidential.


CREDIT(S)


Source: SL 2006, ch 121, § 9.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-30

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-30. Inmate and juvenile offender registration--Time limit--Submission to Division of Criminal Investigation--Notice of change of status


Any person required to register pursuant to §§ 22-24B-1 to 22-24B-14, inclusive, who is incarcerated or is a juvenile offender committed to the Department of Corrections, shall register within three business days of admission to the correctional facility or commitment to the Department of Corrections.


The Department of Corrections or administering authority of the county or city jail or juvenile detention center shall submit required sex offender registrations to the Division of Criminal Investigation.


The administering authority of the correctional facility shall notify the Division of Criminal Investigation if a person required to register changes status from an inmate to parolee or probationer or if an inmate is transferred to a different address, informing the division of the date of transfer and address of the new location.


CREDIT(S)


Source: SL 2006, ch 121, § 10; SL 2010, ch 118, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-31

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-31. Foreign criminal conviction registration--Time limit--Violation as felony


Any person with a foreign criminal conviction, which requires the person to register either as a sex offender pursuant to § 22-24B-2, pursuant to the laws of the state where the conviction took place, or pursuant to any court order, shall be required to register within three business days of their arrival in South Dakota. A violation of this section is a Class 4 felony.


CREDIT(S)


Source: SL 2006, ch 121, § 11; SL 2010, ch 118, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-32

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-32. Immunity from liability for certain good faith conduct


No law enforcement agency, employee of any law enforcement agency, employee or official of any state and county agency and person contracting or appointed to perform services under §§ 22-24B-2, 22-24B-5 to 22-24B-8.1, inclusive, 22-24B-10, 22-24B-12, 23A-27-12.1, or 24-15A-24 is civilly or criminally liable for good faith conduct under §§ 22-24B-2, 22-24B-5 to 22-24B-8.1, inclusive, 22-24B-10, 22-24B-12, 23A-27-12.1, or 24-15A-24.


CREDIT(S)


Source: SL 2006, ch 123, § 14.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-33

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-33. Eligibility for removal from registry of registrant who has committed out-of-state offense


No sex offender registrant, who has committed a registerable offense in some other state is eligible to petition to request removal from the sex offender registry in South Dakota unless the sex offender registrant is also eligible to petition, under substantially equivalent provisions, to request removal from the sex offender registry in the state in which the registerable offense occurred.


CREDIT(S)


Source: SL 2010, ch 121, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-34

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-34. Eligibility of registrant who has committed out-of-state offense to establish in-state residence


No sex offender registrant, who has committed a registerable offense in some other state is eligible to establish a residence or reside outside a community safety zone in South Dakota unless the sex offender registrant would also be eligible to establish a residence or reside in a substantially equivalent location in the state in which the offense occurred pursuant to the community safety zone statutes in the state in which the offense occurred.


CREDIT(S)


Source: SL 2010, ch 121, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-24B-35

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-24B. Sex Offender Registry (Refs & Annos)

22-24B-35. Registered sex offender not eligible to circulate certain nominating petitions


No registered sex offender is eligible to circulate certain nominating petitions pursuant to §§ 12-1-32 to 12-1-34, inclusive.


CREDIT(S)


Source: SL 2012, ch 80, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-25, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-25. Gambling and Lotteries


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-1. Gambling defined--Keeping gambling establishment--Letting building for gambling--Misdemeanor


Any person who engages in gambling in any form with cards, dice, or other implements or devices of any kind wherein anything valuable is wagered upon the outcome, or who keeps any establishment, place, equipment, or apparatus for such gambling or any agents or employees for such purpose, or any person who knowingly lets any establishment, structure, place, equipment, or apparatus for such gambling is guilty of a Class 2 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 24.9903; SL 1976, ch 158, § 25-1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-2. Repealed by SL 1976, ch 158, § 25-10


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-3. Repealed by SL 2005, ch 120, § 285, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-4, 22-25-5. Repealed by SL 1976, ch 158, § 25-10


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-4, 22-25-5. Repealed by SL 1976, ch 158, § 25-10


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-6. Unlawful betting on animal races as common nuisance--Petty offense


All racing or trials of speed between horses or other animals for any bet, stake, or reward, except such as is specifically authorized by law is a common nuisance. A violation of this section is a petty offense.


CREDIT(S)


Source: SDC 1939, §§ 24.0301, 24.9911; SL 1976, ch 158, § 25-3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-7 to 22-25-12. Repealed by SL 1976, ch 158, § 25-10


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-7 to 22-25-12. Repealed by SL 1976, ch 158, § 25-10


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-7 to 22-25-12. Repealed by SL 1976, ch 158, § 25-10


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-7 to 22-25-12. Repealed by SL 1976, ch 158, § 25-10


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-7 to 22-25-12. Repealed by SL 1976, ch 158, § 25-10


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-7 to 22-25-12. Repealed by SL 1976, ch 158, § 25-10


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-13. Keeping slot machines--Free play machines excepted--Misdemeanor--Manufacture not prohibited


No person may have in his possession, custody, or under his control or permit to be kept in any place under his possession or control, any slot machine or device. A slot machine or device is any machine upon the action of which anything of value is staked and which is operated by placing therein or thereon any coins, checks, slugs, balls, chips, tokens, or other articles, or in any other manner as a result of such operation anything of value is won or lost by the operation of such machine, when the result of such operation is dependent upon chance. This section does not extend to coin-operated nonpayout pin tables and arcade amusements, with free play features. A violation of this section is a Class 1 misdemeanor.


This section does not prohibit the manufacture, or any act appurtenant to the manufacture, of slot machines or devices in this state for distribution and sale.


CREDIT(S)


Source: SDC 1939, §§ 24.0204, 24.9909; SL 1974, ch 166; SL 1976, ch 158, § 25-4; SL 1989, ch 197, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-14. Slot machine and premises public nuisance--Manufacture not prohibited


All slot machines capable of being used for gambling and places where they are kept or operated together with all property of any kind kept or used in connection with operation of the same, are hereby declared to be public nuisances.


This section does not prohibit the manufacture, or any act appurtenant to the manufacture, of slot machines, or devices in this state for distribution and sale.


CREDIT(S)


Source: SDC 1939, § 24.0205; SL 1989, ch 197, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-14.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-14.1. Antique slot machine operated for nongambling purposes as defense--Preservation and return of antique machines


It is a defense to any prosecution under §§ 22-25-13 and 22-25-14 if the defendant shows that the slot machine is an antique slot machine and was not operated for gambling purposes while in the defendant's possession. For the purposes of this section, a slot machine shall be conclusively presumed an antique slot machine if it is twenty-five or more years old. Whenever such defense is offered, no slot machine seized from any defendant may be destroyed or otherwise altered until after a final court determination including review upon appeal, if any, that such defense is not applicable. If the defense is applicable, any such slot machine shall be returned pursuant to provisions of law providing for the return of property. It is the purpose of this section to protect the collection and restoration of antique slot machines not presently utilized for gambling purposes because of their esthetic interest and importance in South Dakota history.


CREDIT(S)


Source: SL 1977, ch 191; SL 1994, ch 168.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-15 to 22-25-18. Repealed by SL 1973, ch 149, § 6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-15 to 22-25-18. Repealed by SL 1973, ch 149, § 6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-15 to 22-25-18. Repealed by SL 1973, ch 149, § 6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-15 to 22-25-18. Repealed by SL 1973, ch 149, § 6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-19, 22-25-20. Repealed by SL 1976, ch 158, § 25-10


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-19, 22-25-20. Repealed by SL 1976, ch 158, § 25-10


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-21. Repealed by SL 1973, ch 149, § 6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-22. Repealed by SL 1976, ch 158, § 25-10


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-23

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-23. Bingo defined


As used in this chapter, the term, bingo, is that game in which each player is supplied a card, board, or electronic bingo device containing five adjoining horizontal and vertical rows with five spaces in each row each containing a number or figure therein, except for the central row with four spaces, each containing a number or figure therein and the word, free, marked in the center space thereof. Upon announcement by the person conducting the game of any number or figure appearing on the player's card, board, or electronic bingo device, the space containing the figure or number is covered by the player. If the player covers all five spaces in any horizontal or vertical row, covers four spaces and the free space in a five space diagonal row, or covers the required combination of spaces in some other preannounced pattern or arrangement, the combination of spaces covered constitutes bingo. The player to first announce bingo is awarded money, merchandise, or some other consideration by the person conducting the game. For purposes of this section, an electronic bingo device does not include any device which may be activated for play by a player inserting coins, tokens, tickets, vouchers, or similar objects of value or which is capable of dispensing coins, tokens, vouchers, tickets, or any similar object of value.


CREDIT(S)


Source: SL 1970, ch 247, § 2; SL 1973, ch 149, § 2; SL 1976, ch 158, § 25-6; SL 2009, ch 118, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-24

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-24. Lottery defined


As used in this chapter, lottery or lotteries means a plan whereby for a valuable consideration money is raised by selling chances to share in the distribution of prizes.


CREDIT(S)


Source: SL 1970, ch 247, § 3; SL 1973, ch 149, § 3; SL 1976, ch 158, § 25-7.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-25

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-25. Bingo and lotteries permitted for restricted purposes--Conditions


The game, bingo, as defined in § 22-25-23, or lottery, as defined in § 22-25-24, may not be construed as gambling or as a lottery within the meaning of § 22-25-1, if:


(1) The bingo game or lottery is conducted by a bona fide congressionally chartered veterans' organization; a religious, charitable, educational, or fraternal organization; a local civic or service club; a political party; a volunteer fire department; a local industrial development corporation as defined in § 5-14-23; or a political action committee or political committee on behalf of any candidate for a political office which exists under the laws of the State of South Dakota;


(2) The proceeds therefrom do not inure to the benefit of any individual;


(3) No separate organization or professional person is employed to conduct the bingo game or lottery or assist therein;


(4) No compensation of any kind in excess of the state minimum wage per hour or sixty dollars, whichever is greater, in value is paid to any person for services rendered during any bingo session in connection with the conduct of the bingo game or in consideration of any lottery. However, the provisions of this subdivision do not apply to games or lotteries conducted in connection with any of the following events: a county fair conducted pursuant to § 7-27-3, the state fair conducted pursuant to chapter 1-21, or a civic celebration recognized by resolution or other similar official action of the governing body of a county, municipality, or village;


(5) No prize in excess of two thousand dollars is awarded at any one play of bingo;


(5A) The actual value of any lottery prize is stated before any chances for the lottery are sold. A lottery prize of a stated amount of dollars in value may be given to a person who sells a winning lottery ticket or share as long as the winning lottery ticket or share is selected at random;


(6) The organizations authorized under subdivision (1) of this section, before conducting a bingo game or before selling any chances for a lottery give thirty days' written notice of the time and place thereof to the governing body of the county or municipality in which it intends to conduct the bingo game or lottery, and the governing body does not pass a resolution objecting thereto. However, any organization that conducts a lottery and tickets or shares for such lottery are sold state-wide shall provide written notice of such lottery pursuant to this subdivision only to the secretary of state and to the governing body where the drawing for such lottery is held. A municipality pursuant to § 9-29-5 may by ordinance prohibit within the municipality the sale of lottery tickets or shares for such lottery issued pursuant to this section; and


(7) No organization authorized to conduct a bingo game or lottery under subdivision (1) of this section may enter into any lease or agreement with any other person or organization to provide equipment or services associated with the conduct of a bingo game or lottery. However, this subdivision does not apply to any lease or agreement with a distributor licensed pursuant to §§ 22-25-28 to 22-25-51, inclusive, to provide bingo or lottery equipment and supplies.


CREDIT(S)


Source: SL 1970, ch 247, § 4 (1); SL 1973, ch 149, § 4; SL 1976, ch 158, § 25-8; SL 1984, ch 168; SL 1985, ch 184; SL 1987, ch 167; SL 1989, ch 198, § 1; SL 1991, ch 191; SL 1991, ch 192; SL 1992, ch 60, § 2; SL 2001, ch 113, § 1; SL 2006, ch 127, § 1; SL 2010, ch 122, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-25.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-25.1. Congressionally chartered veterans' organization defined


Any veterans' organization which has applied for a congressional charter prior to July 1, 1989, shall be deemed a congressionally chartered veterans' organization pursuant to § 22-25-25 until such application is denied or until July 1, 1995, whichever occurs first.


CREDIT(S)


Source: SL 1989, ch 198, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-26

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-26. Unauthorized bingo or lottery as misdemeanor


Any person who conducts bingo or lottery in violation of § 22-25-25 is guilty of a Class 2 misdemeanor.


CREDIT(S)


Source: SL 1970, ch 247, § 4 (2); SL 1973, ch 149, § 5; SL 1976, ch 158, § 25-9.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-27

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-27. Provision of chapter not applicable to state lottery


The provisions of this chapter do not apply to a lottery owned and operated by this state.


CREDIT(S)


Source: SL 1987, ch 313, § 40.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-28

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-28. Distributor license required for sale of bingo and lottery equipment and supplies--Purchase or lease permitted from licensed distributors only--Annual license fee--Renewal of license--Distributor defined--Exemption for rental of noncommercial use


No person may sell, offer for sale, or otherwise furnish bingo or lottery equipment and supplies without being licensed as a distributor pursuant to §§ 22-25-28 to 22-25-51, inclusive. Any person, organization, or other entity which conducts bingo games or lotteries may purchase or lease bingo or lottery equipment and supplies or pull-tabs only from persons licensed pursuant to this chapter. The annual distributor license fee is five thousand dollars. All distributor licenses shall be renewed on January first of each year. For the purpose of this section, a distributor is any person who purchases bingo or lottery equipment or supplies from a manufacturer and sells, offers for sale, or otherwise furnishes bingo or lottery equipment or supplies in this state. Any person who rents bingo equipment to another for noncommercial recreational use is exempt from the licensing requirement imposed in this section and the tax imposed in § 22-25-48. For the purposes of this section, the term, noncommercial recreational use, means games played for amusement only, not for gain or profit, and not conducted by any person or organization which receives compensation for sponsoring or operating bingo games.


CREDIT(S)


Source: SL 1988, ch 188, § 1; SL 1991, ch 193.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-29

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-29. Manufacturer license required of manufacturers selling bingo and lottery equipment and supplies--Annual license fee--Renewal of license--Sales from manufacturers to distributors--Manufacturer defined


No manufacturer may sell, offer for sale, or otherwise furnish bingo or lottery equipment and supplies without being licensed as a manufacturer pursuant to §§ 22-25-28 to 22-25-51, inclusive. The annual manufacturer license fee is two thousand five hundred dollars. All manufacturer licenses shall be renewed on January first of each year. No person licensed as a manufacturer may be licensed as a distributor. A manufacturer may sell bingo and lottery equipment and supplies only to a distributor licensed under §§ 22-25-28 to 22-25-51, inclusive, and a distributor may purchase bingo and lottery equipment and supplies only from a manufacturer licensed under §§ 22-25-28 to 22-25-51, inclusive. For the purpose of this section, a manufacturer is any person who assembles from raw materials or subparts completed pieces of bingo or lottery equipment or supplies.


CREDIT(S)


Source: SL 1988, ch 188, § 1A.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-30

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-30. Application for license--Forms--Verification


Application for a distributor's or manufacturer's license shall be made to the Department of Revenue. The application shall be on forms provided by the secretary of revenue. Such forms shall include at least the following information:


(1) The name of the person responsible for completing the application;


(2) The name of the business;


(3) The mailing address of the business;


(4) The office address if different than the mailing address;


(5) The telephone number of the business;


(6) The official position of the person completing the application;


(7) Whether the applicant is a corporation, partnership or sole proprietorship;


(8) A list of the owners, partners, officers, directors, and people in supervisory and management positions. A distributor personnel form shall be completed for each of these individuals;


(9) The address of the facility in South Dakota into which all bingo or lottery equipment and supplies is unloaded prior to sale in this state;


(10) A statement that the applicant is not a wholesale distributor of alcoholic beverages;


(11) A statement that the owners, partners, officers, directors, and people in supervisory and management positions are of good moral character and have never been convicted of a crime regarding moral turpitude; and


(12) A statement of consent authorizing law enforcement officers or the secretary of revenue or his agents to enter upon and inspect any site where bingo or lottery equipment or supplies are stored by the distributor and authorizing inspection at any location of any records of the distributor connected to the sale of bingo and lottery equipment in the state, without warrant or court process.


The chief executive officer or owner shall verify under oath the statements made in the application.


CREDIT(S)


Source: SL 1988, ch 188, § 2; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-31

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-31. Distributor personnel form--Verification


The distributor personnel form shall include the following information:


(1) The name of the person completing the form;


(2) The name of the distributor;


(3) The address, date of birth, and name of the spouse of the person completing the form;


(4) All other current occupations along with the employer's name, address, type of business, and the position held within that business;


(5) The names of any organizations conducting bingo or lotteries under the provisions of § 22-25-25 of which the person completing this form is a member;


(6) All criminal convictions, or pending criminal charges, if any, the dates of those convictions and the location of the court imposing sentence; and


(7) A list of all the places of residence in the last ten years.


Information on this form shall be verified under oath by the person completing it.


CREDIT(S)


Source: SL 1988, ch 188, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-32

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-32. Certain organizations not to be distributors or manufacturers


No organization that conducts bingo or lotteries under the provisions of § 22-25-25 may be a distributor or manufacturer.


CREDIT(S)


Source: SL 1988, ch 188, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-33

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-33. Certain persons not to have interest in distributorship or manufacturer


No person who is an officer, director, manager, or gambling manager of any organization conducting bingo or lotteries under the provisions of § 22-25-25 may be an officer, director, shareholder, directly or indirectly, proprietor, or employee of a distributorship or manufacturer, nor may the person have any direct or indirect financial interest in such distributorship or in such manufacturer.


CREDIT(S)


Source: SL 1988, ch 188, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-34

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-34. Additional persons who may not have interest in distributorship or manufacturer


No person who is an officer, director, shareholder, directly or indirectly, partner, or proprietor of a wholesale alcoholic beverage distributorship may be an officer, director, shareholder, partner, proprietor, or employee of a distributorship or manufacturer, nor may the person have any direct or indirect financial interest in the distributorship or in such manufacturer.


CREDIT(S)


Source: SL 1988, ch 188, § 6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-35

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-35. Distributors, manufacturers, and persons with interest therein not to lease premises to organizations conducting bingo or lotteries


No distributor, manufacturer, or person having a direct or indirect financial interest in a distributorship or in such manufacturer may be a lessor of premises, directly or indirectly, to an organization conducting bingo or lotteries.


CREDIT(S)


Source: SL 1988, ch 188, § 7.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-36

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-36. Filing of change in information


If any information submitted in the application changes, the changes shall be filed with the secretary of revenue within ten days after the change.


CREDIT(S)


Source: SL 1988, ch 188, § 8.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-37

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-37. Maintenance of records and sales invoices--Form and contents


Each distributor and manufacturer shall maintain for five years records relative to the purchase and sale, lease, rental, or loan of bingo or lottery equipment and supplies at the distributor's place of business within this state or in the case of a manufacturer at the manufacturer's place of business. Sales invoices shall be maintained by a distributor for all bingo or lottery equipment and supplies distributed, whether by sale, lease, rental, or loan, to all qualified organizations. Sales invoices shall be maintained by manufacturers for all bingo or lottery equipment and supplies distributed, whether by sale, lease, rental, or loan, to all qualified organizations or distributors. Bingo or lottery equipment and supplies provided to all qualifying organizations or distributors at no charge shall be recorded on a sales invoice. The sales invoices shall be on a standard form prescribed by the secretary of revenue and shall have the following information as a minimum:


(1) The license number of the distributor or manufacturer;


(2) The complete business name and address of the organization or distributor;


(3) The sales tax license number of the organization or distributor;


(4) The invoice number;


(5) The invoice date;


(6) The date shipped;


(7) The quantity by the number of deals for pull-tabs;


(8) A full description of each item of bingo or lottery equipment and supplies sold;


(9) The ideal gross receipts for each different type of pull-tab; and


(10) The ideal net receipts for each different type of pull-tab.


CREDIT(S)


Source: SL 1988, ch 188, § 9.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-38

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-38. Examination of books and records


The secretary of revenue may examine or cause to be examined the books and records of any distributor or manufacturer to the extent that such books and records relate to any transaction connected to the sale of bingo or lottery equipment and supplies in this state. No distributor or manufacturer may prohibit, interfere with, or otherwise impede such examination, but shall cooperate and assist with the examination and provide such information as may be required.


CREDIT(S)


Source: SL 1988, ch 188, § 10.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-39

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-39. Sales to out-of-state customers


Bingo or lottery equipment and supplies sold by distributors to out-of-state customers for use out of state shall either be shipped to the out-of-state site or the distributor shall verify that the purchaser is from out of state.


CREDIT(S)


Source: SL 1988, ch 188, § 11.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-40

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-40. Delivery of equipment and supplies sold for in-state use


Bingo or lottery equipment and supplies, sold for in-state use shall be delivered to the purchaser's address or his authorized representative.


CREDIT(S)


Source: SL 1988, ch 188, § 12.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-41

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-41. Sale of coin-operated machines and mechanical pull-tab dispensing devices prohibited--Exceptions


No coin-operated machine or mechanical pull-tab dispensing device may be sold or otherwise furnished to any organization in this state by a distributor or manufacturer licensed pursuant to §§ 22-25-28 to 22-25-51, inclusive. However, a licensed distributor or manufacturer may sell or furnish a coin or bill operated mechanical pull-tab dispensing device if the device is only sold or furnished to and only used by a fraternal or charitable organization, local civic or service club, volunteer fire department, or a congressionally chartered veteran's organization that qualifies under § 22-25-25.1.


CREDIT(S)


Source: SL 1988, ch 188, § 13; SL 1994, ch 169; SL 2004, ch 156, § 1; SL 2012, ch 129, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-42

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-42. Separate statement of rebates and discounts


Rebates of purchase prices or discounts allowed by a distributor or manufacturer shall be separately stated on the original purchase invoice or separately invoiced on a credit memo referenced to the original sales invoice.


CREDIT(S)


Source: SL 1988, ch 188, § 14.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-43

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-43. Limit on gifts, premiums, and prizes from distributors and manufacturers


No distributor or manufacturer may directly or indirectly give gifts, trips, prizes, loans of money, excluding credit, premiums, or other gratuities to qualified organizations or distributors, or their employees, other than nominal gifts, premiums, or prizes not to exceed a value of twenty-five dollars per organization or distributor, including employees, in a calendar year.


CREDIT(S)


Source: SL 1988, ch 188, § 15.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-44

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-44. Use of deal of pull-tabs as sales promotion


No distributor or manufacturer may use as a sales promotion any statement, demonstration, or implication that any certain portion of a deal of pull-tabs contains more winners than other portions of the deal or that any deal of pull-tabs may be sold by the organization in a particular manner that would give the organization any advantage in selling more of the pull-tabs before having to pay out winners.


CREDIT(S)


Source: SL 1988, ch 188, § 16.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-45

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-45. Return of equipment, supplies, and pull-tabs--Recordation of transaction


No distributor or manufacturer may sell, issue, or accept returned bingo or lottery equipment and supplies or pull-tabs to or from an organization without first recording the transaction on a sales invoice.


CREDIT(S)


Source: SL 1988, ch 188, § 17.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-46

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-46. Requirements for deal of pull-tabs


No distributor or manufacturer may knowingly possess, display, put out for play, sell, or otherwise furnish to any person or organization any deal of pull-tabs:


(1) In which the winning pull-tabs have not been completely and randomly distributed and mixed among all other pull-tabs in the deal;


(2) In which the location, or approximate location, of any of the winning pull-tabs can be determined in advance of opening the pull-tabs in any manner or by any device, including but not limited to, any pattern in the manufacture, assembly, or packaging of the pull-tabs by the manufacturer, by any marking on the pull-tabs or by the use of a light;


(3) Which does not conform in any respect to the requirements of this section, as to assembly, or packaging of pull-tabs;


(4) In which each individual pull-tab manufactured does not conspicuously set forth on it the name of the manufacturer or a label or trademark which identifies its manufacturer.


CREDIT(S)


Source: SL 1988, ch 188, § 18.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-47

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-47. Numbering of disposable bingo cards


Each set of disposable bingo cards shall be consecutively numbered from the first card to the last card, or from the first sheet of cards to the last sheet of cards, or be consecutively numbered through the set. Each card or sheet shall have printed on its face both its individual card or sheet number, and the series number assigned by the manufacturer to the set of disposable bingo cards.


CREDIT(S)


Source: SL 1988, ch 188, § 19.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-48

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-48. Tax imposed on distributors--Payment


All distributors shall pay a tax to the Department of Revenue of five percent of the distributor's gross sales of bingo or lottery equipment and supplies or pull-tabs for use in South Dakota. The tax shall be paid by the fifteenth day of the month following the month in which the sales invoice was prepared on a form provided by the Department of Revenue.


CREDIT(S)


Source: SL 1988, ch 188, § 20; SL 2003, ch 272 (Ex. Ord. 03-1), § 82; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-49

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-49. Promulgation of rules


The secretary of revenue may promulgate rules pursuant to chapter 1-26 to implement the provisions of §§ 22-25-28 to 22-25-51, inclusive.


CREDIT(S)


Source: SL 1988, ch 188, § 21.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-50

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-50. Violation as misdemeanor--Second or subsequent violation as felony


Any person who violates any provision of §§ 22-25-28 to 22-25-51, inclusive, is guilty of a Class 1 misdemeanor. Any person convicted of a second or subsequent violation of the provisions of §§ 22-25-28 to 22-25-51, inclusive, is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1988, ch 188, § 22.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25-51

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25. Gambling and Lotteries (Refs & Annos)

22-25-51. Inapplicability of §§ 22-25-28 to 22-25-51, inclusive, to state lottery


The provisions of §§ 22-25-28 to 22-25-51, inclusive, do not apply to a lottery owned and operated by the State of South Dakota.


CREDIT(S)


Source: SL 1988, ch 188, § 23.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-25A, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-25A. Internet Gambling


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-1. Bet or wager defined


For the purposes of this chapter, the term, bet or wager, means to directly or indirectly take, receive, or accept money or any valuable thing with the understanding or agreement that the money or valuable thing will be paid or delivered to a person if the payment or delivery is contingent upon the result of a race, contest, or game or upon the happening of an event not known to be certain. Bet or wager does not include the purchase, sale, or trade of securities or commodities under state or federal law.


CREDIT(S)


Source: SL 2000, ch 106, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-2. Gambling business defined


For the purposes of this chapter, the term, gambling business, means a business that is conducted at a gambling establishment or involves the placing, receiving, or making of bets or wagers or offers to engage in the placing, receiving, or making of bets or wagers.


CREDIT(S)


Source: SL 2000, ch 106, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-3. Internet defined


For the purposes of this chapter, the term, internet, means the international computer network of both federal and nonfederal interoperable packet switched data networks.


CREDIT(S)


Source: SL 2000, ch 106, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-4. Interactive computer service defined


For the purposes of this chapter, the term, interactive computer service, means a service, system, or network or access software provider that uses public communication infrastructure or operates to provide or enable computer access by multiple users to a computer server, including a service or system that provides access to the internet.


CREDIT(S)


Source: SL 2000, ch 106, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-5. Person defined


For the purposes of this chapter, the term, person, means an individual, association, partnership, joint venture, corporation, or a director, executive, or officer of an association, partnership, joint venture, or corporation, a political subdivision of this state, or a department, agency, or instrumentality of this state, or any other government, organization, or entity, including an Indian tribe.


CREDIT(S)


Source: SL 2000, ch 106, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-6. State defined


For the purposes of this chapter, the term, state, means this state, including a territory, possession, county, and land owned, occupied, or held in trust for an Indian tribe, whether or not federally recognized as an Indian tribe.


CREDIT(S)


Source: SL 2000, ch 106, § 6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-7. Internet betting by person engaged in gambling business prohibited


Except as provided in § 22-25A-15, no person engaged in a gambling business may use the internet or an interactive computer service to bet or wager.


CREDIT(S)


Source: SL 2000, ch 106, § 7.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-8. Establishment of internet gambling business prohibited


Except as provided in § 22-25A-15, no person may establish a location or site in this state from which to conduct a gambling business on or over the internet or an interactive computer service.


CREDIT(S)


Source: SL 2000, ch 106, § 8.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-9. Violation if gambling originates or terminates in state--Each bet a separate violation


A violation of § 22-25A-7 or 22-25A-8 occurs if the violation originates or terminates, or both, in this state. Each individual bet or wager offered in violation of § 22-25A-7 or from a location or site that violates § 22-25A-8 constitutes a separate violation.


CREDIT(S)


Source: SL 2000, ch 106, § 9.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-10. Violation a felony


Any person who violates § 22-25A-7 or § 22-25A-8 is guilty of a felony as follows:


(1) For a first offense, a Class 6 felony;


(2) For a second or subsequent offense, a Class 5 felony.


CREDIT(S)


Source: SL 2000, ch 106, § 10.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-11. Prosecution of violations


The attorney general or the state's attorney for the county in which a violation under this chapter occurred, may prosecute violations of this chapter.


CREDIT(S)


Source: SL 2000, ch 106, § 11.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-12. Notification of illegal web site and penalties


The attorney general may notify a gambling business that its web site is illegal in this state and list the penalties for violating this section.


CREDIT(S)


Source: SL 2000, ch 106, § 12.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-13. Preliminary restraining order available as condition of bond


The attorney general or state's attorney may seek, and the court may enter, a preliminary restraining order enjoining a person from transmitting bets or wagers or information to assist in the placing of bets or wagers as a condition of bond pending trial or other disposition of the case.


CREDIT(S)


Source: SL 2000, ch 106, § 13.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-14. Permanent injunction available against guilty party


If a person is found guilty or pleads guilty to a charge brought under this chapter, the attorney general or states attorney may seek, and the court may enter, a permanent injunction against the person or gambling business enjoining the person or gambling business from transmitting bets or wagers or information to assist in the placing of bets or wagers.


CREDIT(S)


Source: SL 2000, ch 106, § 14.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-25A-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-25A. Internet Gambling (Refs & Annos)

22-25A-15. Inapplicability of chapter to state lottery or commission on gaming


This chapter does not apply to the South Dakota Lottery and its licensees, who are engaged in conduct in furtherance of activity expressly authorized, licensed, and regulated under the provisions of chapter 42-7A or to the South Dakota Commission on Gaming and its licensees, who are engaged in conduct in furtherance of activity expressly authorized, licensed, and regulated under the provisions of chapters 42-7 and 42-7B.


CREDIT(S)


Source: SL 2000, ch 106, § 15.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-26, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-26. Sabbath Breaking [Repealed]


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-27-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-27. Interference with Religious Practices [Repealed and Transferred]

22-27-1, 22-27-2. Transferred to §§ 22-19B-4 and 22-19B-5 by SL 2005, ch 120, § 288, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-27-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-27. Interference with Religious Practices [Repealed and Transferred]

22-27-1, 22-27-2. Transferred to §§ 22-19B-4 and 22-19B-5 by SL 2005, ch 120, § 288, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-27-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-27. Interference with Religious Practices [Repealed and Transferred]

22-27-3. Repealed by SL 1976, ch 158, § 27-3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-28, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-28. Libel and False Publications [Repealed]


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-29, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-29. Perjury and False Official Statements


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-1. Perjury--Violation


Any person who, having taken an oath to testify, declare, depose, or certify truly, before any competent tribunal, officer, or person, in any state or federal proceeding or action in which such an oath may by law be administered, states, intentionally and contrary to the oath, any material matter which the person knows to be false, is guilty of perjury.


CREDIT(S)


Source: SDC 1939, § 13.1237; SL 1976, ch 158, § 29-1; SL 2002, ch 113, § 1; SL 2005, ch 120, § 30.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-2. Statement not known to be true


Any unqualified statement of that which a person does not know or reasonably believe to be true is equivalent to a statement of that which a person knows to be false.


CREDIT(S)


Source: SDC 1939, § 13.1240; SL 2005, ch 120, § 31.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-3. Incompetence of witness no defense


It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition, or certificate of which falsehood is alleged. It is sufficient that the accused actually was required to give such testimony or made such deposition or certificate.


CREDIT(S)


Source: SDC 1939, § 13.1242; SL 2005, ch 120, § 32.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-4. Lack of knowledge of materiality of statement no defense


It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement, or that the false statement did not in fact affect the proceeding in or for which the false statement was made. It is sufficient that the false statement was material and might have been used to affect such proceeding.


CREDIT(S)


Source: SDC 1939, § 13.1242; SL 2005, ch 120, § 33.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-5. Felony classes of perjury


Perjury:


(1) If committed in any trial for felony, is a Class 3 felony;


(2) If committed in any other trial, court proceeding, deposition, or administrative proceeding conducted under oath, is a Class 5 felony;


(3) If committed in any other manner proscribed by law, is a Class 6 felony.


CREDIT(S)


Source: SDC 1939, § 13.1238; SL 1976, ch 158, § 29-2; SL 2005, ch 120, § 34; SL 2007, ch 145, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-6. Subornation of perjury--Violation--Punishment


Any person who intentionally procures another person to commit any perjury is guilty of subornation of perjury. Subornation of perjury is punishable in the same manner as perjury, and as if the suborner were personally guilty of the perjury procured.


CREDIT(S)


Source: SDC 1939, § 13.1237; SL 1976, ch 158, § 29-3; SL 2005, ch 120, § 35.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-7. Repealed by SL 2005, ch 120, § 36, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-8. Oath defined--Irregular oath


The term, oath, as used in this chapter, includes any affirmation, and every other mode of attesting the truth of that which is stated, which is authorized by law. It is no defense that the oath was administered or taken in an irregular manner.


CREDIT(S)


Source: SDC 1939, § 13.1239; SL 1976, ch 158, § 29-4; SL 2005, ch 120, § 37.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-9. Oath relating to future performance of official duty


So much of an oath of office as relates to future performance of official duty is not sufficient to constitute perjury or subornation.


CREDIT(S)


Source: SDC 1939, § 13.1239.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-9.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-9.1. Oath required on certain documents to obtain state benefits--Statement in lieu of oath--Perjury


Any person who submits any petition, application, information, or other document for the purpose of obtaining benefits or any other privilege from the State of South Dakota shall verify, under oath, that such petition, application, or information is true and correct. However, it is sufficient if the claimant, in lieu of verification under oath, signs a statement printed or written thereon in the form following: “I declare and affirm under the penalties of perjury that this claim (petition, application, information) has been examined by me, and to the best of my knowledge and belief, is in all things true and correct.” Any person who signs such statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.


CREDIT(S)


Source: SL 2002, ch 113, § 3; SL 2005, ch 120, § 39.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-10. Deposition or certificate as complete upon delivery--Intent


The making of any deposition or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person with intent that it be uttered or published as true.


CREDIT(S)


Source: SDC 1939, § 13.1241; SL 2005, ch 120, § 40.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-11. Obtaining money, property, or assistance by fraud from social services or related programs prohibited


No person may knowingly make or execute a false statement, instrument, document, or representation, or to use any other fraudulent device, and thereby obtain money, property, or other assistance to which that person is not entitled, from any program provided for by Title 26, 27A, 27B, or 28, of the South Dakota Codified Laws, or otherwise administered by the South Dakota Department of Social Services.


CREDIT(S)


Source: SL 1977, ch 225, § 1; SL 2005, ch 120, § 41.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-12. Failure to report changed circumstances affecting eligibility for assistance


No person may knowingly fail to report any change in circumstances which would affect that person's eligibility for money, property, or other assistance, and thereby obtain money, property, or other assistance to which that person is not entitled, from any program provided for by Title 26, 27A, 27B, or 28, of the South Dakota Codified Laws, or otherwise administered by the South Dakota Department of Social Services.


CREDIT(S)


Source: SL 1977, ch 225, § 2; SL 2005, ch 120, § 42.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-13. Receipt of assistance on behalf of another as personal receipt


For the purposes of §§ 22-29-11 to 22-29-17, inclusive, any person who receives money, property, or services, on behalf of any other person, from any program covered by such sections, shall be considered to have received such money for himself or herself.


CREDIT(S)


Source: SL 1977, ch 225, § 6; SL 2005, ch 120, § 43.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-14. Unsuccessful attempt to obtain assistance as misdemeanor


Any person who attempts to obtain any money, property, or other assistance, in violation of § 22-29-11 or 22-29-12, but does not thereby obtain any such money, property, or services, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1977, ch 225, § 5; SL 2005, ch 120, § 44.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-15. Obtaining assistance with value of two hundred dollars or less as misdemeanor


Any person who violates § 22-29-11 or 22-29-12 and thereby obtains money, property, or other assistance to which such person is not entitled with a value of two hundred dollars or less is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1977, ch 225, § 3; SL 2005, ch 120, § 45.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-16. Obtaining assistance with value of more than two hundred dollars as felony


Any person who violates § 22-29-11 or 22-29-12 and thereby obtains money, property, or other assistance to which such person is not entitled with a value of more than two hundred dollars is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1977, ch 225, § 4; SL 2005, ch 120, § 46.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-17. Aggregation of amounts from violations with one scheme or course of conduct


Amounts involved in violations of § 22-29-11 or 22-29-12, or both, committed pursuant to one scheme or course of conduct, may be aggregated in determining the degree of the offense.


CREDIT(S)


Source: SL 1977, ch 225, § 7; SL 2005, ch 120, § 47.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-18. Sufficiency of evidence for conviction


It is sufficient for a conviction of any offense under this chapter that a finding of guilt is based upon admissible evidence. No minimum number of witnesses is required. In reviewing the sufficiency of the evidence of a conviction under this chapter, the court shall only consider whether there is evidence in the record which, if believed by the trier of fact, is sufficient to sustain a finding of guilty beyond a reasonable doubt.


CREDIT(S)


Source: SL 1984, ch 169; SL 2005, ch 120, § 48.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-29-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-29. Perjury and False Official Statements (Refs & Annos)

22-29-19. False statement on application to state agency for loan, grant, or other financial assistance for business or agriculture--Felony


Any person who knowingly makes any material false statement or report, or willfully overvalues any land, property or other security, for the purpose of influencing an action of the Board of Economic Development, the Economic Development Finance Authority, any other loan or grant administered by the Governor's Office of Economic Development, the Value Added Finance Authority, the Department of Agriculture, the Department of Environment and Natural Resources, or any other agency, instrumentality, board, commission, or authority of or created by the State of South Dakota, upon any application for a loan, grant, or other financial assistance for a business or agricultural purpose, or the renewal, extension, or modification thereof, is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 2012, ch 130, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-30, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-30. Robbery


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30. Robbery (Refs & Annos)

22-30-1. Robbery defined


Robbery is the intentional taking of personal property, regardless of value, in the possession of another from the other's person or immediate presence, and against the other's will, accomplished by means of force or fear of force, unless the property is taken pursuant to law or process of law.


CREDIT(S)


Source: SDC 1939, § 13.2601; SL 1976, ch 158, § 30-1, 1978, ch 158, § 11; SL 2005, ch 120, § 24.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30. Robbery (Refs & Annos)

22-30-2. Requisite force or fear--Force or fear to escape--Degree of force immaterial


To constitute robbery, force or fear of force must be employed either to obtain or retain possession of the property or to prevent or overcome resistance to the taking. If employed merely as a means of escape, it does not constitute robbery. The degree of force employed to constitute robbery is immaterial.


CREDIT(S)


Source: SDC 1939, § 13.2602; SL 2005, ch 120, § 25.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30. Robbery (Refs & Annos)

22-30-3. Fear of force necessary to robbery


The fear of force which constitutes an element of the offense of robbery may be either:


(1) The fear of an injury, immediate or future, to the person or property of the person robbed, or of any relative or family member of the person robbed; or


(2) The fear of an immediate injury to the person or property of anyone in the company of the person robbed at the time of the robbery.


CREDIT(S)


Source: SDC 1939, § 13.2602; SL 1976, ch 158, § 30-2; SL 2005, ch 120, § 26.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30. Robbery (Refs & Annos)

22-30-4. Taking without knowledge of victim not robbery


The taking of property from the person of another or in the immediate presence of the person is not robbery if it clearly appears that the taking was fully completed without the person's knowledge.


CREDIT(S)


Source: SDC 1939, § 13.2601; SL 1976, ch 158, § 30-3; SL 2005, ch 120, § 27.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30. Robbery (Refs & Annos)

22-30-5. Repealed by SL 1976, ch 158, § 30-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30. Robbery (Refs & Annos)

22-30-6. Degrees of robbery


Robbery, if accomplished by the use of a dangerous weapon, or by the use of a physical object simulating a dangerous weapon, is robbery in the first degree. Robbery, if accomplished in any other manner, is robbery in the second degree.


CREDIT(S)


Source: SDC 1939, § 13.2603; SL 2005, ch 120, § 28; SL 2007, ch 146, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30. Robbery (Refs & Annos)

22-30-7. Felony classes of robbery


Robbery in the first degree is a Class 2 felony. Robbery in the second degree is a Class 4 felony.


CREDIT(S)


Source: SDC 1939, § 13.2603; SL 1976, ch 158, § 30-4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30. Robbery (Refs & Annos)

22-30-8 to 22-30-10. Repealed by SL 1976, ch 158, § 30-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30. Robbery (Refs & Annos)

22-30-8 to 22-30-10. Repealed by SL 1976, ch 158, § 30-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30. Robbery (Refs & Annos)

22-30-8 to 22-30-10. Repealed by SL 1976, ch 158, § 30-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30. Robbery (Refs & Annos)

22-30-11. Repealed by SL 2005, ch 120, § 29, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-30A, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-30A. Theft


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-1. Theft--Violation


Any person who takes, or exercises unauthorized control over, property of another, with intent to deprive that person of the property, is guilty of theft.


CREDIT(S)


Source: SDC 1939, § 13.3801; SDCL § 22-37-1; SL 1976, ch 158, § 30A-7; SL 2005, ch 120, § 49.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-2. Transfer of another's property as theft


Any person who transfers property of another, or any interest in the property of another, with intent to benefit the transferor or another who is not entitled thereto, is guilty of theft.


CREDIT(S)


Source: SL 1976, ch 158, § 30A-8; SL 2005, ch 120, § 50.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-2.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-2.1. Repealed by SL 2005, ch 120, § 51, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-3. Theft by deception


Any person who obtains property of another by deception is guilty of theft. A person deceives if, with intent to defraud, that person:


(1) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind. However, as to a person's intention to perform a promise, deception may not be inferred from the fact alone that that person did not subsequently perform the promise;


(2) Prevents another from acquiring information which would affect the other person's judgment of a transaction;


(3) Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom the deceiver stands in a fiduciary or confidential relationship; or


(4) Fails to disclose a known lien, adverse claim, or other legal impediment to the enjoyment of property which the deceiver transfers or encumbers in consideration for property the deceiver obtains, whether such impediment is or is not valid, or is or is not a matter of official record.


The term, deceive, does not, however, include falsity as to matters having no pecuniary significance or puffing by statements unlikely to deceive reasonable persons.


CREDIT(S)


Source: SL 1976, ch 158, § 30A-9; SL 2005, ch 120, § 52.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-3.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-3.1 to 22-30A-3.3. Transferred to §§ 22-40-8 to 22-40-10 by SL 2005, ch 120, §§ 80 and 83, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-3.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-3.1 to 22-30A-3.3. Transferred to §§ 22-40-8 to 22-40-10 by SL 2005, ch 120, §§ 80 and 83, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-3.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-3.1 to 22-30A-3.3. Transferred to §§ 22-40-8 to 22-40-10 by SL 2005, ch 120, §§ 80 and 83, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-4. Theft by threat


A person is guilty of theft if the person obtains property of another by threatening to:


(1) Inflict bodily injury on anyone or commit any criminal offense;


(2) Accuse anyone of a criminal offense;


(3) Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair any person's credit or business repute;


(4) Take or withhold action as an official, or cause an official to take or withhold action;


(5) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;


(6) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or


(7) Inflict any other harm which would not benefit the person making the threat.


CREDIT(S)


Source: SDC 1939, §§ 13.3901, 13.3902, 13.3907; SDCL §§ 22-31-1, 22-31-2, 22-31-5; SL 1976, ch 158, § 30A-10; SL 2005, ch 120, § 53.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-5. Repealed by SL 1977, ch 189, § 126


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-6. Theft of lost or mislaid property


Any person who comes into control of property of another that the person knows to have been lost, estrayed, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, is guilty of theft if, with intent to deprive the owner thereof, the person fails to take reasonable measures to restore the property to a person entitled to have the property.


CREDIT(S)


Source: SDC 1939, § 13.3807; SDCL § 22-37-11; SL 1976, ch 158, § 30A-11; SL 2005, ch 120, § 54.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-7. Receiving stolen property


Any person who receives, retains, or disposes of property of another knowing that the property has been stolen, or believing that the property has probably been stolen, unless the property is received, retained, or disposed of with the intent to restore the property to the owner, is guilty of theft.


CREDIT(S)


Source: SDC 1939, § 13.3813; SL 1961, ch 41; SL 1965, ch 33; SL 1966, ch 34; SDCL § 22-37-18; SL 1976, ch 158, § 30A-12; SL 2005, ch 120, § 55.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-8. Obtaining property or services without paying


Any person is guilty of theft if that person intentionally obtains property or service which that person knows is available only for compensation, by deception, threat, or other means to avoid payment for the service or property.


CREDIT(S)


Source: SDC 1939, § 13.4206; SDCL § 22-41-15; SL 1972, ch 143; SL 1976, ch 158, § 30A-13; SL 1977, ch 189, § 60; SL 2005, ch 120, § 56.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-8.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-8.1. Obtaining property or services with false credit card


Any person who, by use of a credit card issued to another person, without the consent of the person to whom issued, or by use of a credit card which has been revoked or canceled or has expired, or by use of a falsified, mutilated, altered, or counterfeit credit card obtains property or services on credit, is guilty of theft.


CREDIT(S)


Source: SL 1977, ch 189, § 59; SL 2005, ch 120, § 57.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-8.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-8.2 to 22-30A-8.5. Transferred to §§ 22-40-11 to 22-40-14 by SL 2005, ch 120, § 85, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-8.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-8.2 to 22-30A-8.5. Transferred to §§ 22-40-11 to 22-40-14 by SL 2005, ch 120, § 85, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-8.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-8.2 to 22-30A-8.5. Transferred to §§ 22-40-11 to 22-40-14 by SL 2005, ch 120, § 85, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-8.5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-8.2 to 22-30A-8.5. Transferred to §§ 22-40-11 to 22-40-14 by SL 2005, ch 120, § 85, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-9. Diverting services of another


Any person who, having control over the disposition of services of others, to which that person is not entitled, diverts such services to his or her own benefit or to the benefit of another not entitled thereto, is guilty of theft.


CREDIT(S)


Source: SL 1976, ch 158, § 30A-14; SL 2005, ch 120, § 58.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-10. Embezzlement of property received in trust


Any person, who has been entrusted with the property of another and who, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of his or her trust, is guilty of theft. A distinct act of taking is not necessary to constitute theft pursuant to this section.


CREDIT(S)


Source: SDC 1939, §§ 13.1236, 13.1305, 13.4001, 13.4003 to 13.4007; SDCL §§ 3-16-4, 3-16-5, 22-38-1 to 22-38-7; SL 1976, ch 158, § 30A-15; SL 1977, ch 189, § 61; SL 2005, ch 120, § 59.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-10.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-10.1. Return of stolen property considered in mitigation of punishment--Return not a defense


If any person, who has been accused of theft, restores or returns the property allegedly stolen before an indictment or information is laid before a magistrate, such fact may be considered in mitigation of punishment. The restoration or return of the property is not a defense nor may it be considered by the finder of fact.


CREDIT(S)


Source: SL 1977, ch 189, § 58; SL 1986, ch 183, § 1; SL 2005, ch 120, § 60.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-11. Disqualification from public office for conversion of public property--Duration


Any person convicted of theft under § 22-30A-10 for unlawfully obtaining property of this state, of any of its political subdivisions, or of any agency or fund in which the state or its people are interested shall, in addition to the punishment prescribed by § 22-30A-17 and chapter 22-6, be disqualified from holding any public office, elective or appointive, under the laws of this state, so long as that person remains a defaulter to this state or any of its political subdivisions, agencies, or funds.


CREDIT(S)


Source: SDC 1939, § 48.0207; SDCL § 3-16-6; SL 1976, ch 158, § 30A-15; SL 2005, ch 120, § 61.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-12. Unauthorized operation of vehicle or vessel as misdemeanor


Any person who, without the intent to deprive the owner thereof, operates another's motor vehicle or vessel without the consent of the owner, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1976, ch 158, § 30A-17; SL 2005, ch 120, § 62.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-13. Theft by conversion of rented personalty after notice of termination


Any person who intentionally converts to his or her own use any leased or rented personal property, after receiving proper notice demanding the return of the property following expiration of the lease or rental agreement, is guilty of theft. For the purposes of this section, the term, proper notice, means a written demand for the return of the property addressed and mailed by certified or registered mail to the lessee or renter or personal service of such written demand in the manner provided for service of a summons.


CREDIT(S)


Source: SL 1976, ch 158, §§ 30A-19, 30A-20; SL 1981, ch 178; SL 2005, ch 120, § 63.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-14. Affirmative defense to conversion of leased or rented personalty


The following factors, taken as a whole, constitute an affirmative defense to a prosecution commenced under § 22-30A-13:


(1) That the lessee accurately stated his or her name and address at the time of rental;


(2) That the lessee's failure to return the item at the expiration date of the rental contract was lawful;


(3) That the lessee failed to receive the lessor's notice personally; and


(4) That the lessee returned the personal property to the owner or lessor within forty-eight hours of receiving notice of the commencement of prosecution, together with any charges for the overdue period and the value of damages to the personal property, if any.


CREDIT(S)


Source: SL 1976, ch 158, § 30A-21; SL 2005, ch 120, § 64.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-15. Theft as single offense incorporating previous separate offenses--Terms used in alleging theft


Conduct constituting theft pursuant to this chapter constitutes a single offense including any separate offenses committed or charged before the effective date of this chapter and known as larceny, embezzlement, extortion, fraudulent conversion, false pretense, and receiving stolen property. An accusation of theft may be supported by evidence that the theft was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the indictment or information, subject only to the power of a court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise.


CREDIT(S)


Source: SL 1976, ch 158, § 30A-2; SL 2005, ch 120, § 65.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-16. Ignorance and honest claim of right as affirmative defenses to theft


It is an affirmative defense to a prosecution for theft that the defendant:


(1) Was unaware that the property taken was that of another; or


(2) Acted under an honest and reasonable claim of right to the property involved or that the defendant had a right to acquire or dispose of the property as he or she did.


CREDIT(S)


Source: SDC 1939, § 13.4009; SDCL § 22-38-10; SL 1976, ch 158, § 30A-5; SL 1977, ch 189, § 62; SL 2005, ch 120, § 66.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-17. Grand theft--Felony


Theft is grand theft, if the property stolen:


(1) Exceeds one thousand dollars in value;


(2) Is a firearm;


(3) Is taken from the person of another; or


(4) The property stolen is cattle, horses, mules, buffalo, or captive nondomestic elk.


Grand theft is a Class 4 felony.


CREDIT(S)


Source: SDC 1939, §§ 13.3802 to 13.3803, 13.4008; SL 1959, ch 39; SL 1961, ch 40; SDCL §§ 22-37-2, 22-37-3, 22-37-6, 22-38-12; SL 1976, ch 158, § 30A-3; SL 1977, ch 189, §§ 63, 64; SL 1978, ch 158, § 72; SL 1982, ch 178; SL 1990, ch 165, § 2; SL 1997, ch 139, § 1; SL 2001, ch 114, § 1; SL 2005, ch 120, § 67.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-17.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-17.1. Aggravated grand theft--Felony


Theft is aggravated grand theft, if the value of the property stolen exceeds one hundred thousand dollars. Aggravated grand theft is a Class 3 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 68.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-17.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-17.2. Petty theft in the first degree--Misdemeanor


Theft is petty theft in the first degree, if the value of the property stolen exceeds four hundred dollars but does not exceed one thousand dollars. Petty theft in the first degree is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2005, ch 120, § 69.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-17.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-17.3. Petty theft in the second degree--Misdemeanor


Theft is petty theft in the second degree, if the value of the property stolen is four hundred dollars or less. Petty theft in the second degree is a Class 2 misdemeanor.


CREDIT(S)


Source: SL 2005, ch 120, § 70.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-18. Aggregation of related thefts to determine degree of offense


Amounts involved in thefts, whether from the same person or several persons, committed pursuant to one scheme or course of conduct, may be aggregated in determining the degree of the offense.


CREDIT(S)


Source: SL 1976, ch 158, § 30A-4; SL 2005, ch 120, § 71.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-19. Repealed by SL 1989, ch 199, § 5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-19.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-19.1. Liability of shoplifter to owner or seller--Penalty


Any adult, or any emancipated minor as defined in § 25-5-24, or any parent or guardian of any unemancipated minor, who takes possession of any goods, wares, or merchandise displayed or offered for sale by a store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting the goods to the person's own use without having paid the purchase price, is liable to the owner or seller for the retail value of the merchandise, regardless of whether or not the merchandise has been recovered in undamaged condition by the owner or seller. In addition, the owner or seller is entitled to a penalty of four times the retail value of the merchandise, or one hundred dollars, whichever is greater.


CREDIT(S)


Source: SL 1989, ch 199, § 1; SL 1993, ch 213, § 108; SL 1994, ch 179, § 1; SL 1997, ch 138, § 1; SL 2005, ch 120, § 72.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-19.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-19.2. Detention of suspected shoplifter--Reasonableness--Grounds


Any owner or seller of merchandise, who has reasonable grounds to believe that a person has committed retail theft pursuant to § 22-30A-19.1, may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time:


(1) To request identification;


(2) To verify such identification;


(3) To make reasonable inquiry as to whether such person has in his or her possession unpurchased merchandise and, to make reasonable investigation of the ownership of such merchandise;


(4) To inform a law enforcement officer of the detention of the person and surrender that person to the custody of a law enforcement officer; and


(5) In the case of a minor, to inform a law enforcement officer, a parent, guardian, or other private person interested in the welfare of the detained minor and to surrender custody of the minor to such person.


An owner or seller of merchandise may make a detention as permitted in this section off the premises of a retail mercantile establishment only if such detention is pursuant to the immediate pursuit of such person.


CREDIT(S)


Source: SL 1989, ch 199, § 2; SL 2005, ch 120, § 73.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-19.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-19.3. Demand for payment by victim of retail theft


Any owner or seller of merchandise who is the victim of retail theft pursuant to § 22-30A-19.1 may make a written demand for the amount for which any person is liable pursuant to § 22-30A-19.1. Except for a sole proprietorship, a member of management, other than the initial detaining person, shall evaluate the validity of the accusation that an act of retail theft was committed and shall approve the accusation before a written demand for payment is issued. The demand for payment shall be mailed by certified mail to the person from whom payment is demanded or served personally on the person from whom payment is demanded. Personal service shall be accomplished in the same manner as the service of a summons.


CREDIT(S)


Source: SL 1989, ch 199, § 3; SL 1997, ch 138, § 3; SL 2005, ch 120, § 74.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-19.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-19.4. Failure to pay liability for theft--Penalty doubled


If the person to whom a written demand is made pursuant to § 22-30A-19.3 complies by making full payment of the amount required by the written demand within thirty days after its receipt, that person incurs no further civil liability to the owner or seller of the merchandise. However, if the person to whom a written demand is made fails to make full payment pursuant to that written demand, then the penalty allowed in § 22-30A-19.1 may be doubled.


CREDIT(S)


Source: SL 1989, ch 199, § 4; SL 1997, ch 138, § 2; SL 2005, ch 120, § 75.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-20. Unauthorized possession of federal Department of Agriculture commodities transferred to state


Any person who receives, retains, or disposes of United States Department of Agriculture commodities which have been transferred to the State of South Dakota, who is not entitled to possess those commodities, either as an eligible recipient of commodities pursuant to 7 CFR 250.3 as effective on January 1, 1981, or as a purchaser of commodities which have been released for sale due to condition or damage and have been plainly marked as available for sale to the public, is guilty of theft.


CREDIT(S)


Source: SL 1981, ch 179, § 1; SL 2005, ch 120, § 76.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-21. Law enforcement officer retaining seized property as theft


No state, county, or municipal law enforcement officer may retain or dispose of property that has been seized or confiscated unless the law enforcement officer retains or disposes of such property pursuant to law or a court order. A violation of this section constitutes theft pursuant to § 22-30A-1.


CREDIT(S)


Source: SL 1983, ch 177; SL 2005, ch 120, § 77.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-22, 22-30A-23. Repealed by SL 2005, ch 120, §§ 78, 79, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-23

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-22, 22-30A-23. Repealed by SL 2005, ch 120, §§ 78, 79, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-24

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-24. Theft by insufficient funds check--Degrees according to amount--Aggregation of checks


Any person who, for himself or herself or as agent or representative of another, for a present consideration, with intent to defraud, passes a check drawn on a financial institution knowing at the time of such passing that there are not sufficient funds in the account on which the check was drawn in the financial institution for the payment of such check and all other checks upon such funds then outstanding, in full upon its presentation, although no express representation is made with reference thereto, is guilty of theft by insufficient funds check. Theft by insufficient funds check is punishable as theft pursuant to chapter 22-30A. In determining the degree of theft, the value of the property stolen or attempted to be stolen is the same as the face amount of the insufficient funds check. Any series of insufficient funds checks within any thirty-day period may be aggregated in amount to determine the degree of theft of such course of conduct.


CREDIT(S)


Source: SDC 1939, § 13.4204; SL 1959, ch 40; SL 1967, ch 27; SL 1973, ch 153, §§ 1, 6; SDCL Supp, § 22-41-1.1; SL 1976, ch 158, § 41-1; SL 1977, ch 189, § 74; SL 1978, ch 158, § 15; SL 1990, ch 165, § 1; SDCL § 22-41-1; SL 2005, ch 120, §§ 132, 139.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-25

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-25. Theft by no account check--Degrees according to amount--Aggregation of checks


Any person who, for himself or herself or as an agent or representative of another, for present consideration, with intent to defraud, passes a check drawn on a financial institution knowing at the time of such passing that neither the check passer or the check passer's principal has an account with such financial institution, is guilty of theft by no account check. Theft by no account check is punishable as theft pursuant to chapter 22-30A. In determining the degree of theft, the value of the property stolen or attempted to be stolen is the same as the face amount of the no account check. Any series of no account checks within any thirty-day period may be aggregated in amount to determine the degree of theft of such course of conduct.


It is a defense to prosecution pursuant to this section that the check passer's or the check passer's principal's account was closed without the check passer's knowledge. Evidence that the financial institution mailed a notice by certified or registered mail to the person in whose name the account was listed at the last address contained in the financial institution's records is prima facie proof that the check passer had knowledge that such account was closed.


CREDIT(S)


Source: SL 1973, ch 153, § 4; SL 1976, ch 158, § 41-2; SL 1977, ch 189, § 75; SDCL § 22-41-1.2; SL 2005, ch 120, §§ 133, 139.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-26

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-26. Return of property or payment of check and the costs and expenses prohibits criminal prosecution


If any person, who has been accused of a violation of § 22-30A-24 or 22-30A-25, restores or returns the property allegedly obtained as consideration or makes payment of the check and the costs and expenses provided for in § 57A-3-421 to the holder within thirty days of the mailing or delivery of the notice of dishonor, no criminal prosecution may occur in regard to the check.


CREDIT(S)


Source: SL 1986, ch 183, § 2; SDCL § 22-41-1.3; SL 2005, ch 120, §§ 134, 139.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-27

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-27. Passing insufficient funds check as prima facie evidence of knowledge of insufficiency


The passing of a check, described in § 22-30A-24, is prima facie evidence that the person who passed the check had knowledge of insufficient funds in the account on which the check was drawn in the financial institution.


CREDIT(S)


Source: SDC 1939, § 13.4204; SL 1959, ch 40; SL 1967, ch 27; SL 1973, ch 153, § 2; repealed SL 1976, ch 158, § 41-11; re-enacted SL 1977, ch 189, § 76; SDCL § 22-41-2; SL 2005, ch 120, §§ 135, 139.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-28

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-28. Goods, services, taxes, and other obligations as present consideration


Present consideration includes goods which are delivered or constructively delivered, and services which are completed, seven days, exclusive of the date of such delivery or completion and exclusive of legal holidays and Sundays, before or after payment therefor. Present consideration also includes payment made for goods and services, if the goods and services are obtained under an understanding that the goods and services would be paid for at a specific time by written agreement or under an established method of payment of accounts. In addition, payment of taxes and any other obligation due the State of South Dakota or any of its political subdivisions and payment of alimony or child support constitutes present consideration for the purposes of this chapter.


CREDIT(S)


Source: SL 1973, ch 153, § 3; SL 1976, ch 158, § 41-3; SL 1977, ch 189, § 77; SL 1980, ch 177; SL 1986, ch 184; SL 1993, ch 180; SDCL § 22-41-2.1; SL 2005, ch 120, §§ 136, 139.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-29

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-29. Postdated check not in violation


The making of a postdated or hold check, knowingly received as such, or a check issued under an agreement with the payee that the check would not be presented for payment for a specified time, does not constitute a violation of § 22-30A-24.


CREDIT(S)


Source: SL 1973, ch 153, § 7; SL 1987, ch 169; SDCL § 22-41-2.2; SL 2005, ch 120, §§ 137, 139.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-30

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-30. Prosecution for passing check against insufficient funds--Establishment of probable cause-Testimony of official not necessary


For purposes of establishing probable cause that a criminal offense has been committed in violation of § 22-30A-24 or 22-30A-25, probable cause is established if the prosecution has presented as evidence at the preliminary hearing, or before the grand jury, a check bearing reasonable indicia that the check has been presented for payment and that the check has not been paid or honored by the financial institution because of insufficient funds in the account upon which the check was drawn or that the account did not exist. Upon the offer and acceptance of the check as evidence at the preliminary hearing, or before the grand jury, it is not necessary for an official or employee of the financial institution to testify at the preliminary hearing, or before the grand jury, concerning the financial institution's records with respect to the account upon which the check has been drawn.


CREDIT(S)


Source: SL 1987, ch 170; SL 1991, ch 194; SL 1992, ch 26, § 4; SDCL § 22-41-2.3; SL 2005, ch 120, §§ 138, 139.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-31

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-31. Passing check as prima facie evidence


The passing of a check, described in § 22-30A-24, that bears the name and address of an account holder and bears a signature, purporting to be that of the account holder, is prima facie evidence that an account holder executed the check.


CREDIT(S)


Source: SL 1998, ch 138, § 1; SDCL § 22-41-2.4; SL 2005, ch 120, § 139.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-32

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-32. Notice of dishonor required before prosecution for theft by insufficient funds--Check or theft by no account check--Presumption of service--Waiting period


The holder of an insufficient funds check or no account check shall, before presenting the check to the state's attorney for prosecution, serve a notice of dishonor upon the writer of the check, by registered or certified mail, return receipt requested, or by first class mail, supported by an affidavit of mailing sworn and retained by the sender, in the United States mail and addressed to the recipient's most recent address known to the sender. If the notice is mailed, and not returned as undeliverable by the United States Postal Service, notice is conclusively presumed to have been given on the date of mailing. The holder of the dishonored check, whether it be a no account check or insufficient funds check, shall, upon return of the receipt, hold the check for a period of at least thirty days if notice is given by first class mail, and upon the expiration of that period shall present the check with the attached bank return, return receipt or affidavit of mailing, and copy of the dishonor notice to the state's attorney for prosecution.


CREDIT(S)


Source: SL 1973, ch 153, § 8; SL 1976, ch 158, § 41-4; SL 2003, ch 128, § 1; SDCL § 22-41-3.1; SL 2005, ch 120, §§ 139, 140.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-33

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-33. Additional civil penalty for failure to pay amount of check and fees and costs--Prosecution


If the drawer of a check does not pay the fees and costs provided for in § 57A-3-421 and the amount of the check to the holder of the check within thirty days of the mailing of the notice of dishonor, the drawer shall owe to the holder of the check an additional civil penalty equal to twice the amount of the check. The state's attorney may then prosecute the dishonor. No state's attorney may collect a civil penalty for prosecuting the dishonor. No state's attorney may assign a check for civil collection for violation of § 22-30A-24 or 22-30A-25.


CREDIT(S)


Source: SL 2005, ch 120, § 442; SL 2006, ch 128, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-34

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-34. Contents of notice of dishonor


The notice of dishonor required by § 22-30A-32 shall be in substantially the following form:


Date __________________________________________________________________________


Name of issuer ________________________________________________________________


Bank on which drawn ___________________________________________________________


Date of check _________________________________________________________________


Amount of check _______________________________________________________________


Holder of the check ___________________________________________________________


You are hereby notified that your check described above has been dishonored and is now being held by the above holder for a period of thirty days from the date of the mailing of this notice . Civil liability incurred by a check issuer pursuant to SDCL 57A-3-420 is not a defense to a violation of this chapter. If you do not pay the amount of the check and the costs and expenses provided for by SDCL 57A-3-421 within thirty days of the mailing of this notice of dishonor to you, your check will be delivered to the state's attorney for criminal prosecution for theft, and you will be liable to the holder of the check for an additional civil penalty of an amount equal to twice the amount of the check in addition to the amount of the check and the costs and expenses provided for by SDCL 57A-3-421.


CREDIT(S)


Source: SL 1973, ch 153, § 8; SL 1983, ch 368, § 2; SDCL § 22-41-3.2; SL 2005, ch 120, §§ 139, 444.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-35

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-35. Proof of notice not required--Payment of check, costs, and expenses bar to prosecution


The service of a notice of dishonor in accordance with §§ 22-30A-32 and 22-30A-34 is not an element of the crime of theft by insufficient funds check or theft by no account check, nor is it an element of proof thereof or a defense to any prosecution therefor.


If the notice required by §§ 22-30A-32 and 22-30A-34 is returned undelivered, or if it appears to the state's attorney that there is reasonable cause to believe that the writer of the check intends to remove himself or herself from the jurisdiction of the court, the state's attorney may elect to prosecute without such notice. However, if the insufficient funds check or no account check is paid by the drawer to the holder, along with the costs and expenses provided for in § 57A-3-421, within the thirty days after the notice is mailed or delivered to the drawer, the check may not be prosecuted.


CREDIT(S)


Source: SL 1973, ch 153, § 8; SL 1975, ch 170; SL 1976, ch 158, § 41-5; SL 1977, ch 189, § 78; SDCL § 22-41-3.3; SL 2005, ch 120, §§ 139, 141; SL 2006, ch 117, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-36

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-36. Limitation of theft by insufficient funds check and theft by no account check prosecutions


Any criminal prosecution under § 22-30A-24 or 22-30A-25 shall be commenced within six months after the holder of a check receives notice of its dishonor. Failure to prosecute a complaint within six months constitutes a bar to any criminal action under those sections.


CREDIT(S)


Source: SL 1973, ch 153, § 5; SL 1976, ch 158, § 41-6; SL 1977, ch 189, § 79; SDCL § 22-41-3.4; SL 2005, ch 120, §§ 139, 142.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-37

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-37. Circumstances under which maker, drawer, or issuer not criminally or civilly liable for damages and costs


The maker, drawer, or issuer is not criminally liable or civilly liable for damages and costs specified in this chapter if:


(1) The account contained sufficient funds or credit to cover the check, draft, or order at the time the check, draft, or order was issued, plus all other checks, drafts, and orders on the account then outstanding and unpaid; or


(2) The check, draft, or order was not paid because a paycheck, deposited in the account in an amount sufficient to cover the check, draft, or order, was not paid upon presentation; or


(3) Funds sufficient to cover the check, draft, or order were garnished, attached, or setoff, and the maker, drawer, or issuer had no notice of such garnishment, attachment, or setoff at the time the check, draft, or order was issued; or


(4) The maker of the check, draft, or order was not competent or of full age to enter into a legal contractual obligation at the time the check, draft, or order was issued; or


(5) The making of the check, draft, or order was induced by fraud or duress; or


(6) The transaction which gave rise to the obligation for which the check, draft, or order was given lacked consideration or was illegal.


CREDIT(S)


Source: SL 2005, ch 120, § 445.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-38

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-38. Combination of instruments--Court


If the same person is the maker, drawer, or issuer of two or more checks, drafts, or orders, such instruments may be combined. An action for their recovery pursuant to this chapter may be brought in any county in which one of the dishonored checks, drafts, or orders were issued or in the county in which the check writer resides. A cause of action under this chapter may be brought in small claims court, if the amount of the demand does not exceed the jurisdiction of that court, or in any other appropriate court.


CREDIT(S)


Source: SL 2005, ch 120, § 446.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-39

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-39. Alteration or removal of serial number--Possession of property with altered serial number--Felony


Any person who, without consent of the owner, intentionally alters, obliterates, or removes a serial number or other identifying mark on personal property, or possesses any personal property knowing that the property has a serial number or identifying mark which has been intentionally obliterated, altered, or removed, which number or marking may be used to determine ownership of the property, is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1977, ch 189, § 23; SDCL § 22-11-27; SL 2005, ch 120, §§ 223, 224.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-40

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-40. Liability for cost of motor fuel received--Service charge


The owner of a motor vehicle who has not paid for the motor fuel received is liable to the motor fuel retailer for the cost of the motor fuel. If notice of a service charge is conspicuously displayed on the premises when the motor fuel was received, the motor fuel retailer may impose a service charge not to exceed thirty dollars for any collection cost.


CREDIT(S)


Source: SL 2005, ch 121, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-41

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-41. Request for vehicle owner information--Format and content--Response by law enforcement


If a motor fuel retailer provides, in writing, the license plate number of any motor vehicle owner who failed to pay for the motor fuel received to any law enforcement officer, the law enforcement officer shall provide the motor vehicle owner's name and addresses, recorded pursuant to § 32-5-3, to the retailer. The written request for the vehicle owner information may only be submitted by the registered owner or corporate officer of the motor fuel business. The owner or corporate officer shall enclose a self-addressed and stamped envelope with the written request. The format for the request shall be prescribed by the Department of Public Safety and include the following information:


(1) The name and signature of the employee witnessing the theft;


(2) The name and signature of the owner or corporate officer;


(3) The address and telephone number of the owner or corporate officer;


(4) License plate number of the motor vehicle; and


(5) Reference to the applicable provisions of §§ 22-30A-40 to 22-30A-44, inclusive.


The law enforcement officer shall respond, in writing, to the owner or corporate officer of the motor fuel business.


CREDIT(S)


Source: SL 2005, ch 121, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-42

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-42. Demand for payment from motor vehicle owner for motor fuel received--Content of notice


A motor fuel retailer may, within thirty days of the occurrence, demand payment from the motor vehicle owner for the motor fuel received by sending a notice by certified mail, return receipt requested. The notice shall be prescribed by the Department of Public Safety and include the following information:


(1) The name, address, and license plate number of the motor vehicle owner;


(2) Date the act occurred;


(3) Type of motor fuel;


(4) The unpaid dollar amount;


(5) The service charge;


(6) A citation of §§ 22-30A-40 and 22-30A-43; and


(7) The employee's and employer's signature.


CREDIT(S)


Source: SL 2005, ch 121, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-43

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-43. Payment or dispute of claim--Court action--Service charge and expenses


The motor vehicle owner shall pay the motor fuel retailer the full amount due within thirty-three days after receiving notice demanding payment pursuant to § 22-30A-42. The motor vehicle owner may dispute the motor fuel retailer's claim by sending a notice by certified mail, return receipt requested, to the motor fuel retailer within the thirty-three day period. If the motor vehicle owner disputes or fails to pay the retailer's claim, the retailer may take the claim to court. The court may award the retailer the unpaid dollar amount for the motor fuel, the service charge, and reasonable court expenses. If the motor vehicle owner does not dispute the claim and fails to pay the claim within the thirty-three day period, the court may award the retailer the unpaid dollar amount for the motor fuel, the service charge, and reasonable court expenses.


CREDIT(S)


Source: SL 2005, ch 121, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-30A-44

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-30A. Theft (Refs & Annos)

22-30A-44. Criminal action prohibited if retailer receives payment or court award


If a motor fuel retailer receives payment or a court award pursuant to §§ 22-30A-40 to 22-30A-44, inclusive, the motor fuel retailer may not initiate or pursue a criminal action against the motor vehicle owner because of that loss.


CREDIT(S)


Source: SL 2005, ch 121, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-31, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-31. Extortion [Repealed]


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-32, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-32. Burglary and Unlawful Entry


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-1. First degree burglary--Felony


Any person who enters or remains in an occupied structure, with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, is guilty of first degree burglary if:


(1) The offender inflicts, or attempts or threatens to inflict, physical harm on another;


(2) The offender is armed with a dangerous weapon; or


(3) The offense is committed in the nighttime.


First degree burglary is a Class 2 felony.


CREDIT(S)


Source: SDC 1939, §§ 13.3701, 13.3705 (1); SDCL § 22-32-2; SL 1976, ch 158, § 32-1; SL 1989, ch 200, § 1; SL 2005, ch 120, § 107.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-2. Repealed by SL 1976, ch 158, § 32-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-3. Second degree burglary--Felony


Any person who enters or remains in an occupied structure with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, under circumstances not amounting to first degree burglary, is guilty of second degree burglary. Second degree burglary is a Class 3 felony.


CREDIT(S)


Source: SDC 1939, §§ 13.3702 (1), 13.3705 (2); SDCL § 22-32-7; SL 1976, ch 158, § 32-2; SL 1989, ch 200, § 2; SL 2005, ch 120, § 108.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-4 to 22-32-7. Repealed by SL 1976, ch 158, § 32-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-4 to 22-32-7. Repealed by SL 1976, ch 158, § 32-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-4 to 22-32-7. Repealed by SL 1976, ch 158, § 32-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-4 to 22-32-7. Repealed by SL 1976, ch 158, § 32-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-8. Third degree burglary--Felony


Any person who enters or remains in an unoccupied structure, other than a motor vehicle, with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, is guilty of third degree burglary. Third degree burglary is a Class 4 felony.


CREDIT(S)


Source: SDC 1939, §§ 13.3703 (1), 13.3705 (3); SL 1941, ch 47; SDCL § 22-32-10; SL 1976, ch 158, § 32-3; SL 1989, ch 200, § 3; SL 2005, ch 120, § 109.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-9 to 22-32-14. Repealed by SL 1976, ch 158, § 32-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-9 to 22-32-14. Repealed by SL 1976, ch 158, § 32-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-9 to 22-32-14. Repealed by SL 1976, ch 158, § 32-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-9 to 22-32-14. Repealed by SL 1976, ch 158, § 32-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-9 to 22-32-14. Repealed by SL 1976, ch 158, § 32-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-9 to 22-32-14. Repealed by SL 1976, ch 158, § 32-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-15. Nighttime defined


The term, nighttime, as used in this chapter, means the period between thirty minutes past sunset and thirty minutes before sunrise.


CREDIT(S)


Source: SDC 1939, § 13.3708; SL 2005, ch 120, § 110.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-16. Repealed by SL 1984, ch 170, § 1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-17. Possession of weapon or tools with intent to commit burglary--Felony


Any person who has in his or her possession any weapon or instrument specifically designed or adapted for the commission of a burglary or any explosive useful for the commission of a burglary, with the intent to commit a burglary, is guilty of a Class 6 felony.


CREDIT(S)


Source: SDC 1939, § 13.3707; SL 1972, ch 141, § 1; SL 1976, ch 158, § 32-4; SL 2005, ch 120, § 111.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-18. Repealed by SL 1976, ch 158, § 32-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-19. Aggravated criminal entry of a motor vehicle--Felony


Any person who forcibly enters a motor vehicle with intent to commit any crime in that motor vehicle is guilty of aggravated criminal entry of a motor vehicle. Aggravated criminal entry of a motor vehicle is a Class 6 felony.


CREDIT(S)


Source: SL 1993, ch 179; SL 2005, ch 120, § 112.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-32-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-32. Burglary and Unlawful Entry (Refs & Annos)

22-32-20. Criminal entry of a motor vehicle--Misdemeanor


Any person who enters a motor vehicle without the use of force or who remains in a motor vehicle after forming an intent to commit any crime in that motor vehicle is guilty of criminal entry of a motor vehicle. Criminal entry of a motor vehicle is a class 1 misdemeanor.


CREDIT(S)


Source: SL 2005, ch 120, § 113.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-33, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-33. Arson


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-1 to 22-33-4. Repealed by SL 2005, ch 120, §§ 91 to 94, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-1 to 22-33-4. Repealed by SL 2005, ch 120, §§ 91 to 94, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-1 to 22-33-4. Repealed by SL 2005, ch 120, §§ 91 to 94, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-1 to 22-33-4. Repealed by SL 2005, ch 120, §§ 91 to 94, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-5 to 22-33-8. Repealed by SL 1976, ch 158, § 33-7


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-5 to 22-33-8. Repealed by SL 1976, ch 158, § 33-7


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-5 to 22-33-8. Repealed by SL 1976, ch 158, § 33-7


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-5 to 22-33-8. Repealed by SL 1976, ch 158, § 33-7


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-9. Repealed by SL 2005, ch 120, § 95, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-9.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-9.1. First degree arson--Felony


Any person who starts a fire or causes an explosion with the intent to destroy any occupied structure of another is guilty of first degree arson. First degree arson is a Class 2 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 86.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-9.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-9.2. Second degree arson--Felony


Any person who starts a fire or causes an explosion with the intent to:


(1) Destroy any unoccupied structure of another; or


(2) Destroy or damage any property, whether his or her own or another's, to collect insurance for such loss;


is guilty of second degree arson. Second degree arson is a Class 4 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 87.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-9.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-9.3. Reckless burning or exploding--Felony


Any person who intentionally starts a fire or causes an explosion, whether on his or her own property or another's, and thereby recklessly:


(1) Places another person in danger of death or serious bodily injury; or


(2) Places a building or occupied structure of another in danger of damage or destruction;


is guilty of reckless burning or exploding. Reckless burning or exploding is a Class 4 felony.


CREDIT(S)


Source: SL 2005, ch 120, § 88.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-9.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-9.4. Failure to control or report dangerous fire--Misdemeanor


Any person who knows that a fire is endangering life or a substantial amount of property of another and fails to take reasonable measures to put out or control the fire, if such person can do so without substantial risk to himself or herself, or to give a prompt fire alarm, if:


(1) Such person knows that he or she is under an official, contractual, or other legal duty to prevent or combat the fire; or


(2) The fire was started, albeit lawfully, by or with the assent of himself or herself, or on property in his or her custody or control;


is guilty of failure to control or report a dangerous fire. Failure to control or report a dangerous fire is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2005, ch 120, § 89.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-9.5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-9.5. Occupied structure defined


For the purposes of chapter 22-33, the term, occupied structure, means any structure, vehicle, or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. Property is that of another, for the purposes of this section, if anyone other than the actor has a possessory or proprietary interest in the property. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an occupied structure of another.


CREDIT(S)


Source: SL 2005, ch 120, § 90.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-33-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-33. Arson (Refs & Annos)

22-33-10. Burning within a structure where person is lawfully confined--Felony


Any person who intentionally and without authorization of the person in charge of a place of confinement, sets fire to, burns, or causes to be burned any material, object, or substance within a structure knowing there is lawfully confined therein any person, is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1981, ch 180; SL 2005, ch 120, § 96.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-34, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-34. Vandalism and Injuries to Property


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-1. Intentional damage to property--Degree of offense according to value--Application


Any person who, with specific intent to do so, injures, damages, or destroys:


(1) Public property without the lawful consent of the appropriate governing body having jurisdiction thereof; or


(2) Private property in which any other person has an interest, without the consent of the other person;


is guilty of intentional damage to property. If the damage to property is four hundred dollars or less, the person is guilty of intentional damage to property in the third degree, which is a Class 2 misdemeanor. If the damage to property is one thousand dollars or less but more than four hundred dollars, the person is guilty of intentional damage to property in the second degree, which is a Class 1 misdemeanor. If the damage to property is one hundred thousand dollars or less but more than one thousand dollars, the person is guilty of intentional damage to property in the first degree, which is a Class 4 felony. If the damage to property is more than one hundred thousand dollars, the person is guilty of aggravated intentional damage to property, which is a Class 3 felony.


The provisions of this section do not apply if the intentional damage to property was accomplished by arson or reckless burning or exploding pursuant to chapter 22-33.


CREDIT(S)


Source: SDC 1939, § 13.4501; SL 1967, ch 28; SL 1971, ch 159; SDCL Supp, § 22-34-3.1; SL 1976, ch 158, § 34-1; SL 1977, ch 189, § 70; SL 1978, ch 158, § 12; SL 1990, ch 164, § 1; SL 2005, ch 120, § 97.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-1.1. Aggregation of injuries, damages, or destruction permissible


The injuries, damages, or destruction resulting from violations of § 22-34-1 committed pursuant to one scheme or course of conduct may be aggregated to determine the degree of the offense regardless of whether such injuries, damage, or destruction affected the property of one or more persons.


CREDIT(S)


Source: SL 1990, ch 164, § 2; SL 2005, ch 120, § 98.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-2. Repealed by SL 2005, ch 120, § 99, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-3 to 22-34-17. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-18. Repealed by SL 1973, ch 151


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-19 to 22-34-24. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-19 to 22-34-24. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-19 to 22-34-24. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-19 to 22-34-24. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-23

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-19 to 22-34-24. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-24

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-19 to 22-34-24. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-25

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-25. Repealed by SL 1973, ch 150, § 5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-26

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-26. Repealed by SL 1976, ch 158, § 34-5


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-27

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-27. Throwing substance upon public ways or at vehicles as misdemeanor


Any person who, with intent to cause damage, deposits, throws, or propels any substance upon any highway, roadway, runway, or railroad tracks, or at any vehicle while such vehicle is either in motion or stationary, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1975, ch 168; SDCL Supp, § 22-18-25; SL 1976, ch 158, § 34-3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-28

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-28. Knowingly damaging or tampering with property causing interruption of communications, transportation, or utility service--Felony


Any person who, by any means, knowingly damages or tampers with any property and, as a direct result:


(1) Causes a substantial interruption or impairment: in television, radio, telephone, telegraph, or other mass communications service; in police, fire, or other public service communications; in radar, radio, or other electronic aids to air or marine navigation or communications; or in amateur or citizens band radio communications being used for public service or emergency communications; or


(2) Causes a substantial interruption or impairment in public transportation, water supply, gas, power, or other utility service;


is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1976, ch 158, § 34-4; SL 2005, ch 120, § 101.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-34-29

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-34. Vandalism and Injuries to Property (Refs & Annos)

22-34-29. Repealed by SL 2005, ch 120, § 102, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-35, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-35. Criminal Trespass


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-35-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-35. Criminal Trespass (Refs & Annos)

22-35-1 to 22-35-4. Repealed by SL 1976, ch 158, § 35-4


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-35-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-35. Criminal Trespass (Refs & Annos)

22-35-1 to 22-35-4. Repealed by SL 1976, ch 158, § 35-4


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-35-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-35. Criminal Trespass (Refs & Annos)

22-35-1 to 22-35-4. Repealed by SL 1976, ch 158, § 35-4


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-35-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-35. Criminal Trespass (Refs & Annos)

22-35-1 to 22-35-4. Repealed by SL 1976, ch 158, § 35-4


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-35-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-35. Criminal Trespass (Refs & Annos)

22-35-5. Entering or remaining in building--Misdemeanor


Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1976, ch 158, § 35-1; SL 1984, ch 170, § 2; SL 2005, ch 120, § 289.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-35-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-35. Criminal Trespass (Refs & Annos)

22-35-6. Entering or refusing to leave property after notice--Misdemeanor


Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by:


(1) Actual communication to the person who subsequently commits the trespass;


(2) Posting in a manner reasonably likely to come to the attention of trespassers; or


(3) Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers;


is guilty of a Class 2 misdemeanor. However, if such trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1976, ch 158, § 35-2; SL 1977, ch 189, § 71; SL 2005, ch 120, § 290.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-35-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-35. Criminal Trespass (Refs & Annos)

22-35-7. Affirmative defenses to unlawful occupancy


It is an affirmative defense to prosecution under § 22-35-5 or 22-35-6 that:


(1) The premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises; or


(2) The person reasonably believed that the owner of the premises, or other person permitted to license access to the premises, would have permitted him or her to enter or remain.


CREDIT(S)


Source: SL 1976, ch 158, § 35-3; SL 1977, ch 189, § 72; SL 2005, ch 120, § 291.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-36, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-36. Public Nuisances


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-36-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-36. Public Nuisances (Refs & Annos)

22-36-1. Nuisances for which punishment not otherwise prescribed--Failure to remove public nuisance--Misdemeanor


Any person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who intentionally does not perform any legal duty relating to the removal of a public nuisance, is guilty of a Class 2 misdemeanor. However, if any person has been served with personal notice by a law enforcement agency concerning the condition of such person's property and that person fails to abate the public nuisance within sixty days of receipt of the personal notice, such person is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, § 13.1432; SL 1976, ch 158, § 36-1; SL 2004, ch 145, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-36-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-36. Public Nuisances (Refs & Annos)

22-36-2 to 22-36-4. Repealed by SL 2009, ch 171, §§ 8 to 10, eff. Nov. 10, 2010


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-36-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-36. Public Nuisances (Refs & Annos)

22-36-2 to 22-36-4. Repealed by SL 2009, ch 171, §§ 8 to 10, eff. Nov. 10, 2010


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-36-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-36. Public Nuisances (Refs & Annos)

22-36-2 to 22-36-4. Repealed by SL 2009, ch 171, §§ 8 to 10, eff. Nov. 10, 2010


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-37, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-37. Larceny and Misappropriation of Property [Repealed]


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-38, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-38. Embezzlement [Repealed]


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-39, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-39. Forgery and Counterfeiting


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-23

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-24

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-25

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-26

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-27

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-28

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-29

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-30

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-31

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-32

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-33

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-34

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-35

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-1 to 22-39-35. Repealed by SL 1976, ch 158, § 39-6


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-36

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-36. Forgery--Felony


Any person who, with intent to defraud, falsely makes, completes, or alters a written instrument of any kind, or passes any forged instrument of any kind is guilty of forgery. Forgery is a Class 5 felony.


CREDIT(S)


Source: SDC 1939, §§ 13.1243, 13.1248, 13.4101, 13.4104 to 13.4106, 13.4108 to 13.4112, 13.4114 to 13.4120, 13.4124; SDCL §§ 4-10-12, 22-39-1 to 22-39-7, 22-39-11 to 22-39-14, 22-39-16 to 22-39-18, 22-39-20, 22-39-23 to 22-39-26, 22-39-29, 22-39-32; SL 1976, ch 158, § 39-2; SL 2005, ch 120, § 103.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-37

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-37. Transferred to § 22-40-15 by SL 2005, ch 120, § 106


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-38

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-38. Possessing a forged instrument--Knowledge--Intent--Felony


Any person who, with the intent to defraud, possesses any forged instrument with the knowledge that the instrument has been forged is guilty of possessing a forged instrument. Possessing a forged instrument is a Class 6 felony.


CREDIT(S)


Source: SDC 1939, §§ 13.4101 (2), (4), 13.4107; SDCL §§ 22-39-11, 22-39-20, 22-39-27, 22-39-28; SL 1976, ch 158, § 39-4; SL 2005, ch 120, § 104.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-39-39

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-39. Forgery and Counterfeiting (Refs & Annos)

22-39-39. Repealed by SL 1978, ch 158, § 13


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-40, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-40. Identity Crimes


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-1. Impersonation with intent to deceive law enforcement officer--Misdemeanor


No person may impersonate any other person, which includes offering a fictitious name or false date of birth, with intent to deceive a law enforcement officer. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SDC 1939, §§ 13.4208, 13.4209; SDCL § 22-40-2; SL 1976, ch 158, § 40-1; SL 1977, ch 189, § 73; SL 1978, ch 158, § 14; SL 2005, ch 120, § 293; SL 2006, ch 129, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-2 to 22-40-7. Repealed by SL 1976, ch 158, § 40-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-2 to 22-40-7. Repealed by SL 1976, ch 158, § 40-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-2 to 22-40-7. Repealed by SL 1976, ch 158, § 40-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-2 to 22-40-7. Repealed by SL 1976, ch 158, § 40-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-2 to 22-40-7. Repealed by SL 1976, ch 158, § 40-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-2 to 22-40-7. Repealed by SL 1976, ch 158, § 40-2


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-8. Identity theft--Felony


If any person, without the authorization or permission of another person and with the intent to deceive or defraud:


(1) Obtains, possesses, transfers, uses, attempts to obtain, or records identifying information not lawfully issued for that person's use; or


(2) Accesses or attempts to access the financial resources of that person through the use of identifying information;


such person commits the crime of identity theft. Identity theft committed pursuant to this section is a Class 6 felony.


CREDIT(S)


Source: SL 2000, ch 107, § 1; SDCL § 22-30A-3.1; SL 2005, ch 120, §§ 80, 83.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-9. Identifying information defined


For the purposes of §§ 22-40-8 to 22-40-10, inclusive, identifying information includes:


(1) Birth certificate or passport information;


(2) Driver's license numbers or tribal identification card information;


(3) Social security or other taxpayer identification numbers;


(4) Checking account numbers;


(5) Savings account numbers;


(6) Credit card numbers;


(7) Debit card numbers;


(8) Personal identification numbers, passwords, or challenge questions;


(9) User names or identifications;


(10) Biometric data; or


(11) Any other numbers, documents, or information which can be used to access another person's financial resources.


CREDIT(S)


Source: SL 2000, ch 107, § 2; SDCL § 22-30A-3.2; SL 2005, ch 120, §§ 81, 83; SL 2011, ch 13, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-10. Physical presence in county not necessary to commission of identity theft


In any criminal proceeding brought pursuant to § 22-40-8, the crime may be considered to have been committed in any county in which any part of the identity theft took place, regardless of whether the defendant was ever actually in such county.


CREDIT(S)


Source: SL 2000, ch 107, § 3; SDCL § 22-30A-3.3; SL 2005, ch 120, §§ 82, 83.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-11. Reencoder and scanning device defined


Terms used in §§ 22-40-11 to 22-40-14, inclusive, mean:


(1) “Reencoder,” any electronic device that places encoded information from the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different payment card;


(2) “Scanning device,” any scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card.


CREDIT(S)


Source: SL 2003, ch 131, § 1; SDCL § 22-30A-8.2; SL 2005, ch 120, §§ 84, 85.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-12. Use of scanning device on payment card--Intent--Felony


No person may use a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card with the intent to defraud. A violation of this section is a Class 6 felony.


CREDIT(S)


Source: SL 2003, ch 131, § 2; SDCL § 22-30A-8.3; SL 2005, ch 120, § 85.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-13. Use of reencoder with payment card data--Intent--Felony


No person may use a reencoder to place information encoded on the magnetic strip or stripe of a payment card onto the magnetic strip or stripe of a different card without the permission of the authorized user of the card from which the information is being reencoded and with the intent to defraud. A violation of this section is a Class 6 felony.


CREDIT(S)


Source: SL 2003, ch 131, § 3; SDCL § 22-30A-8.4; SL 2005, ch 120, § 85.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-14. Possession of scanning device or reencoder with intent to defraud--Misdemeanor


No person may own or possess a scanning device or a reencoder with the intent to use such scanning device or reencoder to defraud. A violation of this section is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2003, ch 131, § 4; SDCL § 22-30A-8.5; SL 2005, ch 120, § 85.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-15. Making or possessing forgery or counterfeiting devices--Felony


Any person who:


(1) Makes or possesses, with knowledge of its character, any plate, die, or other device, apparatus, equipment, or article specifically designated for use in counterfeiting, unlawfully simulating, or otherwise forging, written instruments;


(2) Makes or possesses any device, apparatus, equipment, or article capable of or adaptable to a use specified in subdivision (1) of this section, with intent to use it or to aid or permit another to use it, for the purpose of forgery; or


(3) Possesses a genuine plate, die, or other device used in the production of written instruments, with intent to defraud;


is guilty of a Class 6 felony.


CREDIT(S)


Source: SDC 1939, §§ 13.4101 (2), 13.4123; SDCL §§ 22-39-9, 22-39-11; SL 1976, ch 158, § 39-3; SDCL § 22-39-37; SL 2005, ch 120, § 105, 106.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-16. Impersonation of officer, employee, firefighter, or person causing injury or fraud--Misdemeanor


Any person who intentionally impersonates any public officer or employee, civil or military, or any firefighter or any person having special authority by law to perform any act affecting the rights or interests of another, or assumes, without authority, any uniform or badge by which such officer, employee, firefighter, or person is usually distinguished, and in such assumed character does any act whereby another person is injured or defrauded, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1976, ch 158, § 11-24; SDCL § 22-11-8; SL 2005, ch 120, §§ 199, 200.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-17. Impersonating a judicial official--Misdemeanor


Any person who, without authority under the U.S. Constitution, federal law, or the constitution or laws of this state, acts as a supreme court justice, a circuit court judge, a magistrate judge, a lay magistrate, a clerk of court or deputy, a juror, or other official holding authority to determine a controversy or adjudicate the rights or interests of any other person, or signs a document in such capacity, is guilty of a Class 1 misdemeanor. It is no defense to a prosecution under this section that the judicial office that the person pretended to hold did not exist.


CREDIT(S)


Source: SL 1997, ch 45, § 13; SDCL § 22-11-34; SL 2005, ch 120, §§ 230, 231.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-40-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-40. Identity Crimes (Refs & Annos)

22-40-18. Misuse of tribal identification card


No person may:


(1) Possess any cancelled, fictitious, fraudulently altered, or fraudulently obtained tribal identification card;


(2) Lend the person's tribal identification card to any other person or knowingly permit its use by another;


(3) Display or represent a tribal identification card not issued to the person as being the person's card;


(4) Photograph, duplicate, or in any way reproduce a tribal identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card;


(5) Use a tribal identification card that was obtained by false swearing, fraud, or false statement of any kind or in any form.


A violation of this section is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2011, ch 13, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-1. Transferred to § 22-30A-24 by SL 2005, ch 120, § 139, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-1.1. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-1.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-1.2 to 22-41-2.4. Transferred to §§ 22-30A-25 to 22-30A-31 by SL 2005, ch 120, § 139, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-1.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-1.2 to 22-41-2.4. Transferred to §§ 22-30A-25 to 22-30A-31 by SL 2005, ch 120, § 139, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-1.2 to 22-41-2.4. Transferred to §§ 22-30A-25 to 22-30A-31 by SL 2005, ch 120, § 139, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-2.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-1.2 to 22-41-2.4. Transferred to §§ 22-30A-25 to 22-30A-31 by SL 2005, ch 120, § 139, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-2.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-1.2 to 22-41-2.4. Transferred to §§ 22-30A-25 to 22-30A-31 by SL 2005, ch 120, § 139, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-2.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-1.2 to 22-41-2.4. Transferred to §§ 22-30A-25 to 22-30A-31 by SL 2005, ch 120, § 139, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-2.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-1.2 to 22-41-2.4. Transferred to §§ 22-30A-25 to 22-30A-31 by SL 2005, ch 120, § 139, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-3. Repealed by SL 1973, ch 153, § 9


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-3.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-3.1 to 22-41-3.4. Transferred to §§ 22-30A-32 and 22-30A-34 to 22-30A-36 by SL 2005, ch 120, § 139, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-3.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-3.1 to 22-41-3.4. Transferred to §§ 22-30A-32 and 22-30A-34 to 22-30A-36 by SL 2005, ch 120, § 139, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-3.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-3.1 to 22-41-3.4. Transferred to §§ 22-30A-32 and 22-30A-34 to 22-30A-36 by SL 2005, ch 120, § 139, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-3.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-3.1 to 22-41-3.4. Transferred to §§ 22-30A-32 and 22-30A-34 to 22-30A-36 by SL 2005, ch 120, § 139, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-4 to 22-41-9. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-4 to 22-41-9. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-4 to 22-41-9. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-4 to 22-41-9. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-4 to 22-41-9. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-4 to 22-41-9. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-10 to 22-41-12. Repealed by Sl 2005, ch 120, §§ 143 to 145, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-10 to 22-41-12. Repealed by Sl 2005, ch 120, §§ 143 to 145, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-10 to 22-41-12. Repealed by Sl 2005, ch 120, §§ 143 to 145, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-13. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-14. Repealed by SL 2005, ch 120, § 146, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-15 to 22-41-21. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-15 to 22-41-21. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-15 to 22-41-21. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-15 to 22-41-21. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-15 to 22-41-21. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-15 to 22-41-21. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-41-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-41. Fraud and Misrepresentations [Repealed and Transferred]

22-41-15 to 22-41-21. Repealed by SL 1976, ch 158, § 41-11


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-42, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-42. Controlled Substances and Marijuana


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-1. Definition of terms


Terms used in this chapter mean:


(1) “Controlled drug or substance,” a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I through IV. The term includes an altered state of a drug or substance listed in Schedules I through IV absorbed into the human body;


(2) “Counterfeit substance,” a controlled drug or substance which, or the container of labeling of which, without authorization, bears the trade-mark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser;


(3) “Deliver” or “delivery,” the actual or constructive transfer of a controlled drug, substance, or marijuana whether or not there exists an agency relationship;


(4) “Dispense,” to deliver a controlled drug or substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery, and a dispenser is one who dispenses;


(5) “Distribute,” to deliver a controlled drug, substance, or marijuana. Distribution means the delivery of a controlled drug, substance, or marijuana;


(6) “Manufacture,” the production, preparation, propagation, compounding, or processing of a controlled drug or substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. A manufacturer includes any person who packages, repackages, or labels any container of any controlled drug or substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate user;


(7) “Marijuana,” all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant;


(8) “Practitioner,” a doctor of medicine, osteopathy, podiatry, dentistry, optometry, or veterinary medicine licensed to practice his profession, or pharmacists licensed to practice their profession; physician's assistants certified to practice their profession; government employees acting within the scope of their employment; and persons permitted by certificates issued by the Department of Health to distribute, dispense, conduct research with respect to, or administer a substance controlled by chapter 34-20B;


(9) “Precursor” or “immediate precursor,” a substance which the Department of Health has found to be and by rule designates as being a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled drug or substance, the control of which is necessary to prevent, curtail, or limit such manufacture;


(10) “Schedule I,” “Schedule II,” “Schedule III,” and “Schedule IV,” those schedules of drugs, substances, and immediate precursors listed in chapter 34-20B;


(11) “Ultimate user,” a person who lawfully possesses a controlled drug or substance for that person's own use or for the use of a member of that person's household or for administration to an animal owned by that person or by a member of that person's household.


CREDIT(S)


Source: SL 1976, ch 158, § 42-1; SL 1977, ch 189, § 88; SL 1984, ch 239, § 2; SL 1985, ch 185, § 1; SL 1986, ch 306, § 5; SL 2001, ch 116, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-2. Unauthorized manufacture, distribution, counterfeiting or possession of substances with high potential for abuse as felony--Mandatory sentences


Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a substance listed in Schedules I or II; possess with intent to manufacture, distribute, or dispense, a substance listed in Schedules I or II; create or distribute a counterfeit substance listed in Schedules I or II; or possess with intent to distribute a counterfeit substance listed in Schedules I or II. A violation of this section is a Class 4 felony. However, the distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. A first conviction under this section shall be punished by a mandatory sentence in the state penitentiary of at least one year, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction under this section shall be punished by a mandatory sentence in the state penitentiary of at least ten years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least five years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least fifteen years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence, may not form the basis for reducing the mandatory time of incarceration required by this section. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court.


CREDIT(S)


Source: SL 1970, ch 229, § 10 (a) (1), (2), (b) (1); SL 1971, ch 225, § 1; SDCL Supp, §§ 39-17-88 to 39-17-90; SL 1976, ch 158, § 42-2; SL 1977, ch 189, § 89; SL 1982, ch 179, § 1; SL 1983, ch 178, § 1; SL 1986, ch 185, § 1; SL 1989, ch 201, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-2.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-2.1. Written prescription required to dispense Schedule II substance--Refills prohibited--Felony


No person other than a practitioner who is not a pharmacist, may dispense a controlled drug or substance included in Schedule II to an ultimate user without the written prescription of a practitioner who is not a pharmacist. No prescription for a Schedule II drug or substance shall be refilled. A violation of this section is a Class 4 felony.


CREDIT(S)


Source: SL 1970, ch 229, § 9 (k); SDCL § 39-17-83; SL 1977, ch 189, § 80.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-2.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-2.2. Oral prescription permitted for Schedule II substance under specified conditions


Notwithstanding § 22-42-2.1, a pharmacist may dispense a controlled drug or substance included in Schedule II upon receipt of an oral prescription of a practitioner who is not a pharmacist, if the practitioner states that:


(1) Immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user;


(2) No appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under Schedule II; and


(3) It is not reasonably possible for the prescribing practitioner to provide a written prescription to be presented to the person dispensing the substance prior to the dispensing, and the pharmacist reduces the prescription and the information contained in subdivisions (1) to (3) of this section to writing and retains it in conformance with § 34-20B-39.


CREDIT(S)


Source: SL 1970, ch 229, § 9 (k); SDCL Supp, § 39-17-83; SL 1977, ch 189, § 81.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-2.3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-2.3. Mitigating circumstances--Departure from mandatory sentence


The sentencing court may impose a sentence other than that which is required by § 22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by § 22-42-2. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing.


CREDIT(S)


Source: SL 1989, ch 201, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-2.4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-2.4. Conspiracy to commit violation of § 22-42-2--Punishment same as provided under that section


Notwithstanding subdivision 22-3-8(1), the punishment for conspiracy to commit a violation of § 22-42-2 is the same as the punishment for violating § 22-42-2.


CREDIT(S)


Source: SL 1989, ch 202.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-3. Unauthorized manufacture, distribution, counterfeiting, or possession of substance with moderate potential for abuse as felony--Mandatory sentences


Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a substance listed in Schedule III; possess with intent to manufacture, distribute, or dispense, a substance listed in Schedule III; create or distribute a counterfeit substance listed in Schedule III; or possess with intent to distribute a counterfeit substance listed in Schedule III. A violation of this section is a Class 5 felony. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. A first conviction under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory penitentiary or county jail sentence of at least one year, which sentence may not be suspended. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least ninety days, which sentence may not be suspended. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in the state penitentiary of at least two years, which sentence may not be suspended. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars.


CREDIT(S)


Source: SL 1970, ch 229, § 10 (a) (1), (2), (b) (2); SL 1971, ch 225, § 2; SDCL Supp, §§ 39-17-88, 39-17-89, 39-17-91; SL 1976, ch 158, § 42-3; SL 1977, ch 189, § 90; SL 1982, ch 179, § 2; SL 1983, ch 178, § 2; SL 1986, ch 185, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-4. Unauthorized manufacture, distribution, counterfeiting or possession of substance with low potential for abuse as felony--Mandatory sentences


Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a substance listed in Schedule IV; possess with intent to manufacture, distribute, or dispense, a substance listed in Schedule IV; create or distribute a counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit substance listed in Schedule IV. A violation of this section is a Class 6 felony. However, the distribution of a substance listed in Schedule IV to a minor is a Class 4 felony. A first conviction under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory penitentiary or county jail sentence of at least one year, which sentence may not be suspended. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. Notwithstanding any other provision of this section, a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4 felony, but in all other cases under this section is a Class 5 felony.


CREDIT(S)


Source: SL 1970, ch 229, § 10 (a) (1), (2), (b) (3); SL 1973, ch 261; SDCL Supp, §§ 39-17-88, 39-17-89, 39-17-92; SL 1976, ch 158, § 42-4; SL 1977, ch 189, § 91; SL 1982, ch 179, § 3; SL 1983, ch 178, § 3; SL 1986, ch 185, § 3; SL 1999, ch 174, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-4.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-4.1. Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony


Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled drug or substance included in Schedule III or Schedule IV may be dispensed without a written or oral prescription. Such prescription may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription, unless renewed by the practitioner. A violation of this section is a Class 5 felony.


CREDIT(S)


Source: SL 1970, ch 229, § 9 (1); SL 1971, ch 224, § 3; SDCL Supp, §§ 39-17-84, 39-17-85; SL 1974, ch 268, § 1; SL 1977, ch 189, § 82.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-4.2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-4.2. Schedule II, III, or IV substances to be distributed only for a medical purpose


No controlled drug or substance included in Schedule II, III, or IV may be distributed or dispensed other than for a medical purpose.


CREDIT(S)


Source: SL 1970, ch 229, § 9 (m); SDCL Supp, § 39-17-85; SL 1977, ch 189, § 83; SL 1980, ch 178.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-5. Unauthorized possession of controlled substance as felony


No person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner's professional practice or except as otherwise authorized by chapter 34-20B. A violation of this section is a Class 4 felony.


CREDIT(S)


Source: SL 1970, ch 229, § 10 (c); SL 1971, ch 225, § 3; SDCL Supp, § 39-17-95; SL 1976, ch 158, § 42-5; SL 1985, ch 186; SL 1998, ch 139, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-6. Possession of marijuana prohibited--Degrees according to amount


No person may knowingly possess marijuana. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. It is a Class 6 felony to possess more than two ounces of marijuana but less than one-half pound of marijuana. It is a Class 5 felony to possess one-half pound but less than one pound of marijuana. It is a Class 4 felony to possess one to ten pounds of marijuana. It is a Class 3 felony to possess more than ten pounds of marijuana. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars.


CREDIT(S)


Source: SL 1970, ch 229, § 10 (c); SL 1971, ch 225, § 3; SL 1974, ch 269; SDCL Supp, §§ 39-17-95, 39-17-96; SL 1976, ch 158, § 42-6; SL 1977, ch 189, § 92; SL 1978, ch 158, § 16; SL 1983, ch 179; SL 1985, ch 187; SL 1986, ch 185, § 4; SL 1990, ch 166; SL 1998, ch 139, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-7. Distribution or possession with intent to distribute specified amounts of marijuana


The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana without consideration is a Class 1 misdemeanor; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana is a Class 6 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana is a Class 5 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana is a Class 4 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana is a Class 3 felony. The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana to a minor without consideration is a Class 6 felony; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana to a minor is a Class 5 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana to a minor is a Class 3 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. A first conviction of a felony under this section shall be punished by a mandatory sentence in the state penitentiary or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction of a felony under this section shall be punished by a mandatory sentence of at least one year. Conviction of a Class 1 misdemeanor under this section shall be punished by a mandatory sentence in county jail of not less than fifteen days, which sentence may not be suspended. A civil penalty, not to exceed ten thousand dollars, may be imposed, in addition to any criminal penalty, upon a conviction of a felony violation of this section.


CREDIT(S)


Source: SL 1970, ch 229, § 10 (a) (1), (2), (b) (1); SL 1971, ch 225, § 1; SDCL Supp, §§ 39-17-88 to 39-17-90; SL 1976, ch 158, § 42-7; SL 1977, ch 189, § 93; SL 1982, ch 179, § 4; SL 1984, ch 171; SL 1986, ch 185, § 5; SL 1998, ch 139, § 3; SL 2003, ch 129, § 1; SL 2008, ch 112, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-8. Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud


Any person who knowingly obtains possession of a controlled drug or substance by theft, misrepresentation, forgery, fraud, deception, or subterfuge is guilty of a Class 4 felony.


CREDIT(S)


Source: SL 1970, ch 229, § 10 (e) (3); SDCL Supp, § 39-17-106; SL 1977, ch 189, § 85; SL 1984, ch 239, § 3; SL 1990, ch 167; SL 1998, ch 139, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-9. Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony


Any person who knowingly makes, distributes, or possesses any punch, die, plate, or other thing designed to print or reproduce the trademark, trade name, or other identifying mark of another on any drug, or container or label thereof so as to make such drug a counterfeit controlled drug or substance is guilty of a Class 5 felony.


CREDIT(S)


Source: SL 1970, ch 229, § 10 (e) (5); SDCL Supp, § 39-17-108; SL 1977, ch 189, § 86.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-10. Keeping place for use or sale of controlled substances as felony


Any person who keeps or maintains a place which is resorted to by persons using controlled drugs and substances for the purpose of using such substances, or which is used for the keeping or selling of such substances, is guilty of a Class 5 felony.


CREDIT(S)


Source: SL 1970, ch 229, § 10 (d) (6); SDCL Supp, § 39-17-102; SL 1977, ch 189, § 84.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-11. Inhabiting room where controlled substances illegally stored or used as misdemeanor


Any person who inhabits a room knowing that any controlled drug or substance is being illegally stored or used therein, is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1970, ch 229, § 10 (j); SDCL Supp, § 39-17-110; SL 1977, ch 189, § 87.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-12

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-12. Civil fine for violation of regulatory provisions--Additional fine remitted to drug abuse or rehabilitation program


Any person who violates any provision of §§ 22-42-2.1, 22-42-4.1, 22-42-4.2, and 22-42-10, is punishable by a civil fine of not more than ten thousand dollars. The court may, however, impose an additional fine of not more than ten thousand dollars, which shall be remitted to a drug abuse prevention and rehabilitation program authorized under § 34-3B-1.


CREDIT(S)


Source: SL 1970, ch 229, § 10 (d) (7); SDCL Supp, § 39-17-103; SL 1977, ch 189, § 119; SL 1978, ch 158, § 17; SL 1995, ch 125.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-13

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-13. Criminal penalties in addition to civil and administrative penalties


Any penalty imposed for a violation of any provision of §§ 22-42-2 to 22-42-6, inclusive, or §§ 22-42-8 to 22-42-10, inclusive, shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.


CREDIT(S)


Source: SL 1970, ch 229, § 10 (g); SDCL Supp, § 39-17-112; SL 1977, ch 189, § 123.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-14

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-14. Repealed by SL 1982, ch 262, § 1


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-15

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-15. Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation


Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in § 35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of the practitioner's practice, is guilty of a Class 1 misdemeanor. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused.


CREDIT(S)


Source: SL 1981, ch 182, § 1; SL 1982, ch 180; SL 2001, ch 117, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-15.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-15.1. Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor


Any person who possesses, possesses with intent to distribute, sells, or distributes a substance knowing that it is to be used in violation of § 22-42-15 is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2011, ch 118, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-16

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-16. Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony


No person may deliver or possess with intent to deliver or knowingly manufacture any noncontrolled substance which the person represents to be a substance controlled under the provisions of this chapter. Any person who violates this section is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1981, ch 183; SL 1982, ch 181; SL 1982, ch 182; SL 1998, ch 139, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-17

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-17. Controlled substances obtained concurrently from different medical practitioners--Misdemeanor


Any person who knowingly obtains a controlled substance from a medical practitioner and who knowingly withholds information from that medical practitioner that he has obtained a controlled substance of similar therapeutic use in a concurrent time period from another medical practitioner is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1990, ch 168.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-18

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-18. Definitions of terms used in §§ 22-42-19 to 22-42-21, inclusive


Terms used in §§ 22-42-19 to 22-42-21, inclusive, mean:


(1) “Playground,” any outdoor facility, including any appurtenant parking lot, intended for recreation, open to the public, any portion of which contains apparatus intended for the recreation of children such as slides, swing sets, and teeterboards;


(2) “Video arcade facility,” any facility legally accessible to persons under eighteen years of age, which provides for the use of pinball and video machines for amusement and which contains one or more such machines; and


(3) “Youth center,” any recreational facility or gymnasium, including any appurtenant parking lot, intended primarily for use by persons under eighteen years of age, which regularly provides athletic, civic, or cultural activities.


CREDIT(S)


Source: SL 1992, ch 168, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-19

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-19. Drug free zones created--Violation as felony--Sentence--Defense


Any person who commits a violation of § 22-42-2, 22-42-3, or 22-42-4, or a felony violation of § 22-42-7, if such activity has taken place:


(1) In, on, or within one thousand feet of real property comprising a public or private elementary or secondary school or a playground; or


(2) In, on, or within five hundred feet of real property comprising a public or private youth center, public swimming pool, or video arcade facility; is guilty of a Class 4 felony. The sentence imposed for a conviction under this section carries a minimum sentence of imprisonment in the state penitentiary of five years. Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section. However, the sentencing court may impose a sentence other than that specified in this section if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence provided for in this section. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing.


It is not a defense to the provisions of this section that the defendant did not know the distance involved. It is not a defense to the provisions of this section that school was not in session.


CREDIT(S)


Source: SL 1992, ch 168, § 2; SL 1998, ch 140, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-20

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-20. Violation of drug-free zones as separate count in indictment


A violation of § 22-42-19 shall be charged in the indictment or information as a separate count in addition to the principal felony charged to have been committed.


CREDIT(S)


Source: SL 1992, ch 168, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-21

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-21. Lack of knowledge as to age of minor not a defense


It is not a defense to the provisions of this chapter regarding distribution of a controlled substance or marijuana to a minor that the defendant did not know that the recipient was a minor, even if such lack of knowledge was reasonable.


CREDIT(S)


Source: SL 1992, ch 168, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42-22

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42. Controlled Substances and Marijuana (Refs & Annos)

22-42-22. Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor


No person may knowingly possess Salvia divinorum or salvinorin A. It is a Class 1 misdemeanor to possess two ounces or less of Salvia divinorum or salvinorin A. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A.


CREDIT(S)


Source: SL 2009, ch 119, § 1, eff. Mar. 10, 2009.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-42A, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-42A. Drug Paraphernalia


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42A-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42A. Drug Paraphernalia (Refs & Annos)

22-42A-1. Drug paraphernalia defined


The term, drug paraphernalia, means any equipment, products, and materials of any kind which are primarily used, intended for use, or designed for use by the person in possession of them, in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body any controlled substance or marijuana in violation of the provisions of this chapter. It includes, but is not limited to:


(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant which is a controlled substance or marijuana or from which a controlled substance can be derived;


(2) Kits used, intended for use, or designed for use in manufacturing, compounding, converting, producing, processing, or preparing controlled substances;


(3) Isomerization devices used, intended for use, or designed for use in increasing the potency of marijuana or any species of plant which is a controlled substance;


(4) Scales and balances used, intended for use, or designed for use in weighing or measuring controlled substances;


(5) Diluents and adulterants, such as quinine hydrochloride, mannitol, mannite, dextrose, and lactose, used, intended for use, or designed for use in cutting controlled substances;


(6) Separation gins and sifters used, intended for use, or designed for use in removing twigs and seeds from, or in otherwise cleaning or refining, marijuana;


(7) Capsules, balloons, envelopes, and other containers used, intended for use, or designed for use in packaging small quantities of controlled substances or marijuana;


(8) Containers and other objects used, intended for use, or designed for use in storing or concealing controlled substances or marijuana;


(9) Hypodermic syringes, needles, and other objects used, intended for use, or designed for use in parenterally injecting controlled substances into the human body; and


(10) Objects used, intended for use, or designed for use in ingesting, inhaling, or otherwise introducing marijuana, cocaine, hashish, or hashish oil into the human body, such as:


(a) Metal, wooden, acrylic, glass, stone, plastic, or ceramic pipes with or without screens, permanent screens, hashish heads, or punctured metal bowls;


(b) Water pipes;


(c) Carburetion tubes and devices;


(d) Smoking and carburetion masks;


(e) Roach clips: meaning objects used to hold burning material, such as a marijuana cigarette, that has become too small or too short to be held in the hand;


(f) Miniature cocaine spoons and cocaine vials;


(g) Chamber pipes;


(h) Carburetor pipes;


(i) Electric pipes;


(j) Air-driven pipes;


(k) Chillums;


(l) Bongs; and


(m) Ice pipes or chillers.


CREDIT(S)


Source: SL 1983, ch 180, § 1; SL 1984, ch 172, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42A-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42A. Drug Paraphernalia (Refs & Annos)

22-42A-2. Factors considered in determining whether an object is drug paraphernalia


In determining whether an object is drug paraphernalia as defined in § 22-42A-1, a court or other authority shall consider, in addition to all other logically relevant factors, the following:


(1) Statements by an owner or by anyone in control of the object concerning its use;


(2) The proximity of the object, in time and space, to a direct violation of this article;


(3) The proximity of the object to controlled substances or marijuana;


(4) The existence of any residue of controlled substances or marijuana on the object;


(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to any person whom he knows, or should reasonably know, intends to use the object to facilitate a violation of this article;


(6) Instructions, oral or written, provided with the object concerning its use;


(7) Descriptive materials accompanying the object which explain or depict its use;


(8) National and local advertising concerning its use;


(9) The manner in which the object is displayed for sale;


(10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community;


(11) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;


(12) The existence and scope of legitimate uses for the object in the community; and


(13) Expert testimony concerning its use.


CREDIT(S)


Source: SL 1983, ch 180, § 2; SL 1984, ch 172, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42A-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42A. Drug Paraphernalia (Refs & Annos)

22-42A-3. Use or possession of drug paraphernalia as misdemeanor


No person, knowing the drug related nature of the object, may use or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body any controlled substance or marijuana in violation of this chapter. Any person who violates any provision of this section is guilty of a Class 2 misdemeanor.


CREDIT(S)


Source: SL 1983, ch 180, § 3; SL 1984, ch 172, § 3; SL 1998, ch 139, § 6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-42A-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-42A. Drug Paraphernalia (Refs & Annos)

22-42A-4. Delivery of drug paraphernalia as felony


No person, knowing the drug related nature of the object, may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or marijuana in violation of this chapter. Any person who violates any provision of this section is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1983, ch 180, § 4; SL 1984, ch 172, § 4; SL 1998, ch 139, § 7.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-43, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-43. Commercial Bribery


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-43-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-43. Commercial Bribery (Refs & Annos)

22-43-1. Commercial bribery--Misdemeanor


Any person who confers, or agrees to confer, directly or indirectly, any benefit upon any employee, agent, or fiduciary without the consent of the latter's employer or principal, with intent to influence the employee's, agent's, or fiduciary's conduct in relation to that person's employer's or principal's affairs, is guilty of commercial bribery. Commercial bribery is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1980, ch 173, § 6; SL 2005, ch 120, § 296.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-43-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-43. Commercial Bribery (Refs & Annos)

22-43-2. Receiving a commercial bribe--Misdemeanor


Any employee, agent, or fiduciary who, without consent of that person's employer or principal, solicits, accepts, or agrees to accept any benefit, directly or indirectly, from another person upon an agreement or understanding that such benefit will influence his or her conduct in relation to that person's employer's or principal's affairs, is guilty of receiving a commercial bribe. Receiving a commercial bribe is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1980, ch 173, § 7; SL 2005, ch 120, § 297.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-44, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-44. Cable Television and Multipoint Distribution Systems


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-44-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-44. Cable Television and Multipoint Distribution Systems (Refs & Annos)

22-44-1. Obstruction of community antenna television system transmissions as misdemeanor


No person may intentionally prevent or obstruct the transmission, distribution, or receipt of programming material carried by the equipment of a community antenna television system. A violation of this section is a Class 2 misdemeanor.


CREDIT(S)


Source: SL 1984, ch 173, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-44-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-44. Cable Television and Multipoint Distribution Systems (Refs & Annos)

22-44-2. Equipment for receiving services without payment--Installation or possession as misdemeanor


No person may knowingly install, maintain, or possess any equipment, device, or instrument designed, intended, or used solely for the purpose of unlawfully facilitating the interception, decoding, or receipt of the services of any community antenna television system, multipoint distribution system, multichannel multipoint distribution system, or any programming service delivered by satellite with intent to allow any person to obtain such service and avoid the lawful payment of the charges therefor. A violation of this section is a Class 2 misdemeanor. A subsequent violation of this section is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1984, ch 173, § 2; SL 1990, ch 169, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-44-2.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-44. Cable Television and Multipoint Distribution Systems (Refs & Annos)

22-44-2.1. Manufacture, sale, or distribution of equipment for receiving service without payment as misdemeanor


No person may knowingly manufacture, sell, offer for sale, or distribute any equipment, device, or instrument designed, intended, or used solely for the purpose of unlawfully facilitating the interception, decoding, or receipt of the services of any community antenna television system, multipoint distribution system, multichannel multipoint distribution system, or any programming service delivered by satellite with intent to allow any person to obtain such service and avoid the lawful payment of the charges therefor. A violation of this section is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1990, ch 169, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-44-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-44. Cable Television and Multipoint Distribution Systems (Refs & Annos)

22-44-3. Seizure of equipment


Any equipment, device, or instrument possessed in violation of § 22-44-2 may be seized as contraband after a conviction of the owner or possessor of the equipment for a violation of this chapter.


CREDIT(S)


Source: SL 1984, ch 173, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-44-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-44. Cable Television and Multipoint Distribution Systems (Refs & Annos)

22-44-4. Multipoint distribution system and multichannel multipoint distribution system defined


Multipoint distribution system and multichannel multipoint distribution system mean a subscription television, audio, or other data service, using the 2.5 gigahertz frequency band and the receiving device or decoder which is necessary for reception of the services provided by the system.


CREDIT(S)


Source: SL 1984, ch 173, § 4; SL 1990, ch 169, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-45, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-45. Unlawfully Obtaining Benefits or Payments from Medical Assistance Program


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-45-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-45. Unlawfully Obtaining Benefits or Payments from Medical Assistance Program (Refs & Annos)

22-45-1. Definition of terms


Terms as used in this chapter mean:


(1) “Benefit,” any benefit authorized under the medical services program of the State Department of Social Services;


(2) “Claim,” any communication, whether oral, written, electronic, or magnetic, which is utilized to identify a good, item, or service as reimbursable under the program;


(3) “Person,” any individual, corporation, limited liability company, partnership, association, or other legal entity;


(4) “Program,” the medical assistance program authorized by Title XIX of the Federal Social Security Act and implemented by the medical services program of the State Department of Social Services;


(5) “Provider,” any person who has applied to participate or who participates in the program as a provider of a good or a service;


(6) “Recipient,” any individual who receives benefits under the program;


(7) “Records,” any medical, professional, or business records relative to the treatment or care of any recipient, or to a good or a service provided to any such recipient, or to rates paid for such a good or a service, and any records required to be kept by regulations of the program;


(8) “Sign,” to affix a signature directly or indirectly by means of handwriting, typewriter, signature stamp, computer impulse, or other means; and


(9) “Single state agency,” the state agency which administers the program, or any person who by virtue of a contract or agreement with the state administers any part of the program, or processes or pays claims for the program.


CREDIT(S)


Source: SL 1986, ch 187, § 1; SL 1994, ch 351, § 42.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-45-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-45. Unlawfully Obtaining Benefits or Payments from Medical Assistance Program (Refs & Annos)

22-45-2. Action by which claimant commits an offense--Violation a felony


A person commits an offense if he:


(1) Makes or causes to be made a claim, knowing the claim to be false, in whole or in part, by commission or omission; or


(2) Makes or causes to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide a good or a service, knowing the statement or representation to be false, in whole or in part, by commission or omission; or


(3) Makes or causes to be made a statement or representation for use by another in obtaining a good or a service under the program, knowing the statement or representation to be false, in whole or in part, by commission or omission; or


(4) Makes or causes to be made a statement or representation for use in qualifying as a provider of a good or a service under the program, knowing the statement or representation to be false, in whole or in part, by commission or omission.


A violation of this section is a Class 5 felony.


CREDIT(S)


Source: SL 1986, ch 187, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-45-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-45. Unlawfully Obtaining Benefits or Payments from Medical Assistance Program (Refs & Annos)

22-45-3. Application to participate as provider--Perjury for submitting false statements--Violation a felony


Each application to participate as a provider in the program, each report stating income or expense upon which rates of payment are or may be based, and each invoice for payment for a good or a service provided to the recipient shall contain a statement that all matters stated therein are true and accurate, signed by the individual responsible for the provider, under the penalty of perjury. A person commits perjury if he signs or submits, or causes to be signed or submitted, such a statement, and he knows, or should have known, that the application, report, or invoice containing information is false, in whole or in part, by commission or omission. A violation of this section is a Class 5 felony.


CREDIT(S)


Source: SL 1986, ch 187, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-45-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-45. Unlawfully Obtaining Benefits or Payments from Medical Assistance Program (Refs & Annos)

22-45-4. Action of person aiding provider with goods or services or referring individuals to provider for which additional value received an offense--Violation a felony


A person commits an offense if he:


(1) Acting on behalf of a provider, purchases or leases goods, services, materials, or supplies for which payment may be made, in whole or in part, under the program and solicits or accepts anything of additional value in return for or in connection with such purchase or lease; or


(2) Sells or leases to or for the use of provider, goods, services, materials, or supplies for which payment may be made, in whole or in part, under the program, and offers, transfers, or pays anything of additional value in connection with or in return for such sale or lease; or


(3) Refers an individual to a provider for the provision of a good or a service for which payment may be made, in whole or in part, under the program, and solicits or accepts anything of value in connection with such referral.


It is an exception to subdivisions (1) and (2) of this section that the additional value transferred is a refund or discount made in the ordinary course of business and reflected by the books and records of the individual, corporation, or association.


A violation of this section is a Class 5 felony.


CREDIT(S)


Source: SL 1986, ch 187, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-45-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-45. Unlawfully Obtaining Benefits or Payments from Medical Assistance Program (Refs & Annos)

22-45-5. Offense of acceptance of amount in addition to amount legally payable under program--Violation a felony


A person commits an offense if he, acting on behalf of a provider providing a good or a service to a recipient under the program, charges, solicits, accepts, or receives anything of additional value in addition to the amount legally payable under the program in connection with a provision of such a good or a service.


A violation of this section is a Class 5 felony.


CREDIT(S)


Source: SL 1986, ch 187, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-45-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-45. Unlawfully Obtaining Benefits or Payments from Medical Assistance Program (Refs & Annos)

22-45-6. Failure to keep necessary records upon which claim is based--Violation a misdemeanor


A person commits an offense if he:


(1) Having submitted a claim for or received payment for a good or a service under the program, intentionally fails to maintain such records as are necessary to disclose fully the nature of all a good or a service for which a claim was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for a period of at least six years following the date on which payment was received; or


(2) Knowingly destroys such records within six years from the date payment was received.


A violation of this section is a Class 1 misdemeanor.


CREDIT(S)


Source: SL 1986, ch 187, § 6.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-45-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-45. Unlawfully Obtaining Benefits or Payments from Medical Assistance Program (Refs & Annos)

22-45-7. Liability for receipt of payment by person not entitled thereto


Any person who receives payment for furnishing a good or a service under the program, which the person is not entitled to receive by reason of offenses under §§ 22-45-2 to 22-45-6, inclusive, may in addition to any other penalties provided by law, be liable for civil penalties of:


(1) Payment of interest on the amount of the excess payment at the rate provided for pursuant to the official state interest rates under § 54-3-16, category B, from the date upon which payment was made to the date upon which repayment is made to the program; and


(2) Payment of up to three times the amount of damages sustained, including the cost of investigation and litigation; and


(3) Payment in the sum of two thousand dollars for each false or fraudulent claim, statement, or representation submitted for providing a good or a service.


A criminal action need not be brought against the person for liability to attach under this section.


CREDIT(S)


Source: SL 1986, ch 187, § 7.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-45-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-45. Unlawfully Obtaining Benefits or Payments from Medical Assistance Program (Refs & Annos)

22-45-8. Suspension or exclusion from participation as provider of person convicted of committing offense


Any person providing a good or a service under the program who has been determined to have committed an offense under §§ 22-45-2 to 22-45-7, inclusive, may be suspended or excluded from participation as a provider or an employee of a provider for a period to be determined by the single-state agency. A criminal action need not be brought against the person before suspension or exclusion under this section.


CREDIT(S)


Source: SL 1986, ch 187, § 8.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-45-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-45. Unlawfully Obtaining Benefits or Payments from Medical Assistance Program (Refs & Annos)

22-45-9. Access to records by attorney general, state medicaid control unit, and grand jury


The attorney general and the state medicaid fraud control unit, upon reasonable request, and the grand jury, upon subpoena therefore, shall have full access to all records held by a provider or by any other person on his behalf, which could be relevant in any manner to the determination of the existence of offenses under §§ 22-45-2 to 22-45-6, inclusive, or related crimes, or the existence of patient abuse, mistreatment or neglect, or the theft of patient funds.


Upon issuance of a summons for such records, the grand jury shall take possession of the records for use by the grand jury and the attorney general in the investigation of offenses under this chapter and related crimes.


In examining such records, the attorney general and grand jury shall safeguard the privacy rights of recipients, avoiding unnecessary disclosure of personal information concerning named recipients. However, the attorney general may transmit such information as he deems appropriate to the single-state agency and to other agencies concerned of the regulation of health facilities or health professionals.


No persons holding such records may refuse to provide the attorney general or the grand jury with access to such records for the purposes described in this chapter on the basis that release would violate any recipient's right of privacy, any recipient's privileges against disclosure or use, or any professional or other privilege right.


CREDIT(S)


Source: SL 1986, ch 187, § 9.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-45-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-45. Unlawfully Obtaining Benefits or Payments from Medical Assistance Program (Refs & Annos)

22-45-10. Use of other civil or criminal remedy not precluded


The provisions of this chapter are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy.


CREDIT(S)


Source: SL 1986, ch 187, § 10.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-45-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-45. Unlawfully Obtaining Benefits or Payments from Medical Assistance Program (Refs & Annos)

22-45-11. Limitation on civil action


No civil action may be brought under this chapter more than six years after the cause of action accrues.


CREDIT(S)


Source: SL 1986, ch 187, § 11.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-46, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-46-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos)

22-46-1. Definition of terms


Terms used in this chapter mean:


(1) “Abuse,” physical harm, bodily injury, or attempt to cause physical harm or injury, or the infliction of fear of imminent physical harm or bodily injury on an elder or a disabled adult;


(2) “Disabled adult,” a person eighteen years of age or older who suffers from a condition of mental retardation, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect himself or herself or provide for his or her own care;


(3) “Elder,” a person sixty-five years of age or older;


(4) “Exploitation,” the wrongful taking or exercising of control over property of an elder or a disabled adult with intent to defraud the elder or disabled adult; and


(5) “Neglect,” harm to an elder's or a disabled adult's health or welfare, without reasonable medical justification, caused by the conduct of a person responsible for the elder's or disabled adult's health or welfare, within the means available for the elder or disabled adult, including the failure to provide adequate food, clothing, shelter, or medical care.


CREDIT(S)


Source: SL 1986, ch 186, § 1; SL 1990, ch 171, § 1; SL 2005, ch 120, § 339; SL 2007, ch 147, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-46-1.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos)

22-46-1.1. Neglect--Exclusions from definition


For the purposes of this chapter, the term, neglect, does not include a decision that is made to not seek medical care for an elder or disabled adult upon the expressed desire of the elder or disabled adult; a decision to not seek medical care for an elder or disabled adult based upon a previously executed declaration, do-not-resuscitate order, or a power of attorney for health care; a decision to not seek medical care for an elder or disabled adult if otherwise authorized by law; or the failure to provide goods and services outside the means available for the elder or disabled adult.


CREDIT(S)


Source: SL 2007, ch 147, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-46-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos)

22-46-2. Abuse or neglect of elder or adult with a disability--Felony


Any person who abuses or neglects an elder or a disabled adult in a manner which does not constitute aggravated assault is guilty of a Class 6 felony.


CREDIT(S)


Source: SL 1986, ch 186, § 2; SL 1990, ch 171, § 2; SL 2005, ch 120, § 341; SL 2007, ch 147, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-46-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos)

22-46-3. Theft by exploitation--Penalty


Any person who, having assumed the duty by written contract, by receipt of payment for care, or by order of a court to provide for the support of an elder or a disabled adult, and having been entrusted with the property of that elder or disabled adult, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of that person's trust, is guilty of theft by exploitation. Theft by exploitation is punishable as theft pursuant to chapter 22-30A.


CREDIT(S)


Source: SL 1986, ch 186, § 3; SL 1989, ch 30, § 53; SL 2005, ch 120, § 342; SL 2007, ch 147, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-46-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos)

22-46-4. Repealed by SL 1990, ch 171, § 3


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-46-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos)

22-46-5. Investigating violations


In investigating violations of this chapter, law enforcement agencies shall cooperate with and assist the Department of Social Services.


CREDIT(S)


Source: SL 1990, ch 171, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-46-6

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos)

22-46-6. Transferred to § 34-12-51 by SL 2005, ch 120, § 344, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-46-7

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos)

22-46-7. Report of abuse, neglect, or exploitation


A report of abuse, neglect, or exploitation under this chapter may be made orally or in writing to the state's attorney of the county in which the elder or disabled adult resides or is present, to the Department of Social Services, or to the law enforcement officer. The state's attorney or law enforcement officer, upon receiving a report, shall immediately notify the Department of Social Services.


CREDIT(S)


Source: SL 2007, ch 147, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-46-8

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos)

22-46-8. Immunity from liability for reporting abuse, neglect, or exploitation


Any person who, in good faith, makes a report of abuse, neglect, or exploitation of any elder or disabled adult, is immune from any civil or criminal liability that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial proceeding resulting from the report. This immunity extends in a like manner to any public official involved in the investigation of abuse, neglect, or exploitation of any elder or disabled adult, or to any person or institution who in good faith cooperates with any public official in an investigation. The provisions of this section do not extend to any person alleged to have committed any act of abuse or neglect of any elder or disabled adult or to any person who has aided and abetted any such act.


CREDIT(S)


Source: SL 2007, ch 147, § 7.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-46-9

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos)

22-46-9. Mandatory reporting of abuse or neglect to state's attorney, Department of Social Services, or law enforcement officer--Violation as misdemeanor


Any person who is a:


(1) Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical technician, social worker, or any health care professional;


(2) Long-term care ombudsman;


(3) Psychologist, licensed mental health professional, or counselor engaged in professional counseling; or


(4) State, county, or municipal criminal justice employee or law enforcement officer;


who knows, or has reasonable cause to suspect, that an elder or disabled adult has been or is being abused or neglected, shall, within twenty-four hours, report such knowledge or suspicion orally or in writing to the state's attorney of the county in which the elder or disabled adult resides or is present, to the Department of Social Services, or to a law enforcement officer. Any person who knowingly fails to make the required report is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2011, ch 119, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-46-10

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos)

22-46-10. Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--Violation as misdemeanor


Any staff member of a nursing facility, assisted living facility, adult day care center, or community support provider, or any residential care giver, individual providing homemaker services, victim advocate, or hospital personnel engaged in the admission, examination, care, or treatment of elderly or disabled adults who knows, or has reasonable cause to suspect, that an elderly or disabled adult has been or is being abused or neglected, shall, within twenty-four hours, notify the person in charge of the institution where the elderly or disabled adult resides or is present, or the person in charge of the entity providing the service to the elderly or disabled adult, of the suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of § 22-46-9. Any person who knowingly fails to make the required report is guilty of a Class 1 misdemeanor.


CREDIT(S)


Source: SL 2011, ch 119, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-46-11

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-46. Abuse, Neglect, or Exploitation of Elders or Adults with Disabilities (Refs & Annos)

22-46-11. Voluntary reporting of abuse or neglect


Any person who knows or has reason to suspect that an elderly or disabled adult has been abused or neglected as defined in § 22-46-2 or 22-46-3 may report that information, regardless of whether that person is one of the mandatory reporters listed in §§ 22-46-9 and 22-46-10.


CREDIT(S)


Source: SL 2011, ch 119, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-47-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-47. Debt Adjusting [Transferred]

22-47-1 to 22-47-3. Transferred to §§ 37-34-1 to 37-34-3 by SL 2005, ch 120, § 295, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-47-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-47. Debt Adjusting [Transferred]

22-47-1 to 22-47-3. Transferred to §§ 37-34-1 to 37-34-3 by SL 2005, ch 120, § 295, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-47-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-47. Debt Adjusting [Transferred]

22-47-1 to 22-47-3. Transferred to §§ 37-34-1 to 37-34-3 by SL 2005, ch 120, § 295, eff. July 1, 2006


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-48, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-48. Victim Immunity


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-48-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-48. Victim Immunity (Refs & Annos)

22-48-1. Definitions


Terms used in this chapter mean:


(1) “Convicted,” includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, or an admission to a juvenile delinquency petition;


(2) “Course of criminal conduct,” includes the acts or omissions of the perpetrator in carrying out the crime of which convicted or of a victim in resisting criminal conduct;


(3) “Crime,” includes an offense named in §§ 22-11-3, 22-11-4, 22-11-6, 22-11-9.1, 22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-18-1, 22-18-1.1, 22-19-1, 22-19A-1, 22-19A-2, 22-22-1, 22-22-7, 22-30-1, 22-30A-4, 22-32-1, 22-32-3, 22-32-8, chapter 22-33, or an attempt to commit any of these offenses. The term includes a crime in other states which would have been within this definition if the crime had been committed in this state;


(4) “Perpetrator,” any person who has been convicted of a crime as defined in subdivision (3);


(5) “Victim,” a person who was the object of a perpetrator's criminal conduct and includes a person at the scene of an emergency who gives reasonable assistance to another person who is exposed to or has suffered grave physical harm.


CREDIT(S)


Source: SL 1998, ch 124, § 1; SL 2003, ch 130, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-48-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-48. Victim Immunity (Refs & Annos)

22-48-2. Perpetrator's assumption of risk--Victim immune from liability--Victim's duty--Exception


A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a crime, as defined in this chapter, engaged in by the perpetrator or a person who aids or abets the perpetrator, as defined in § 22-3-3, and the crime victim is immune from and not liable for any damages as a result of acts or omissions of the victim if the victim used reasonable force. However, the perpetrator's assumption of risk does not eliminate the crime victim's duty to protect against conditions upon the premises which the crime victim knows or has reason to know may create an unreasonable risk of harm or which may cause a foreseeable trespass by minors, nor does the assumption of risk apply to perpetrators who are mentally incompetent.


CREDIT(S)


Source: SL 1998, ch 124, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-48-2.1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-48. Victim Immunity (Refs & Annos)

22-48-2.1. Claim of use of unreasonable force by victim--Hearing to determine reasonable basis for claim


If the perpetrator claims that the victim used unreasonable force, before any discovery relating to the claim may be commenced and before the claim may be submitted to the trier of fact, the court, after hearing, must find, based on clear and convincing evidence, that there is a reasonable basis to believe that the victim used unreasonable force.


CREDIT(S)


Source: SL 2003, ch 130, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-48-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-48. Victim Immunity (Refs & Annos)

22-48-3. Proof of assumption of risk


Notwithstanding other evidence that the victim may adduce relating to the perpetrator's conviction of the crime involving the parties to a claim for relief, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction, or an adjudication as a delinquent child is conclusive proof of the perpetrator's assumption of the risk.


CREDIT(S)


Source: SL 1998, ch 124, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-48-4

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-48. Victim Immunity (Refs & Annos)

22-48-4. Court awards


If the perpetrator does not prevail in a claim for relief that is subject to this section, the court may award reasonable expenses, including attorney's fees and disbursements, to the victim.


CREDIT(S)


Source: SL 1998, ch 124, § 4.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-48-5

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-48. Victim Immunity (Refs & Annos)

22-48-5. Motion for stay of proceedings


Except to the extent needed to preserve evidence, any claim for relief in which the defense set forth in this section is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged crime.


CREDIT(S)


Source: SL 1998, ch 124, § 5.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL T. 22, Ch. 22-49, Refs & Annos

South Dakota Codified Laws Currentness

Title 22. Crimes

Chapter 22-49. Human Trafficking


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-49-1

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-49. Human Trafficking (Refs & Annos)

22-49-1. Human trafficking prohibited


No person may recruit, harbor, transport, provide, or obtain, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude. Nor may any person benefit financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section. Any violation of this section constitutes the crime of human trafficking.


CREDIT(S)


Source: SL 2011, ch 120, § 1.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-49-2

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-49. Human Trafficking (Refs & Annos)

22-49-2. First degree human trafficking--Felony


If the acts or the venture set forth in § 22-49-1:


(1) Involve committing or attempting to commit kidnaping;


(2) Involve a victim under the age of sixteen years;


(3) Involve prostitution or procurement for prostitution; or


(4) Result in the death of a victim;


any person guilty has committed human trafficking in the first degree, which is a Class 2 felony.


CREDIT(S)


Source: SL 2011, ch 120, § 2.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10




SDCL § 22-49-3

South Dakota Codified Laws Currentness

Title 22. Crimes (Refs & Annos)

Chapter 22-49. Human Trafficking (Refs & Annos)

22-49-3. Second degree human trafficking--Felony


A person is guilty of human trafficking in the second degree if that person:


(1) Recruits, harbors, transports, provides, or obtains, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude; or


(2) Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section.


Human trafficking in the second degree is a Class 4 felony.


CREDIT(S)


Source: SL 2011, ch 120, § 3.


Current through the 2012 Regular Session, 2012 general election results, and Supreme Court Rule 12-10