S.D. Codified Laws § 22-24B-5 — SD Code / Title 22 / Chapter 24B / Section 22-24B-5
Annual verification form mailed to registered offender--Return of form--Failure to return form--Violation as felony
Status: in_force

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.

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.
S.D. Codified Laws § 22-25-40 — SD Code / Title 22 / Chapter 25 / Section 22-25-40
Delivery of equipment and supplies sold for in-state use
Status: in_force

Bingo or lottery equipment and supplies, sold for in - state use shall be delivered to the purchaser's address or his authorized representative.

Source: SL 1988, ch 188, § 12.
S.D. Codified Laws § 22-11-10 — SD Code / Title 22 / Chapter 11 / Section 22-11-10
Compounding a felony or misdemeanor
Status: in_force

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;

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.
S.D. Codified Laws § 22-19-12 — SD Code / Title 22 / Chapter 19 / Section 22-19-12
Expense of child's return
Status: in_force

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 .

Source: SL 1981, ch 175; SL 2005, ch 120, § 120.
S.D. Codified Laws § 22-25-6 — SD Code / Title 22 / Chapter 25 / Section 22-25-6
Unlawful betting on animal races as common nuisance--Petty offense
Status: in_force

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.

Source: SDC 1939, §§ 24.0301, 24.9911; SL 1976, ch 158, § 25-3 .
S.D. Codified Laws § 22-22-7.7 — SD Code / Title 22 / Chapter 22 / Section 22-22-7.7
Subsequent conviction of rape of or sexual contact with a child under sixteen as felony
Status: in_force

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.

Source: SL 2010, ch 115, § 2.
S.D. Codified Laws § 22-22-7.6 — SD Code / Title 22 / Chapter 22 / Section 22-22-7.6
Sexual acts between jail or juvenile correctional facility employees and detainees--Felony
Status: in_force

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 if the victim is an adult and a Class 4 felony if the victim is a juvenile.

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 .

Source: SL 2000, ch 103, §§ 1, 2; SL 2013, ch 107, § 1.
S.D. Codified Laws § 22-14-27 — SD Code / Title 22 / Chapter 14 / Section 22-14-27
Concealed pistol permit not a defense
Status: in_force

A defendant to a prosecution under § 22-14-23 may not claim as a defense that the defendant was the holder of a permit to carry a concealed pistol issued under chapter 23-7 .

Source: SL 1993, ch 173, § 6; SL 2019, ch 113, § 5.
S.D. Codified Laws § 22-24-25 — SD Code / Title 22 / Chapter 24 / Section 22-24-25
Municipal and county power to regulate obscene materials or obscene live conduct not preempted
Status: in_force

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.

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.
S.D. Codified Laws § 22-12-8 — SD Code / Title 22 / Chapter 12 / Section 22-12-8
Genuine legal forms not prohibited
Status: in_force

Nothing in §§ 22-12-5 to 22-12-7 , inclusive, prevents the printing, publication, sale, or distribution of genuine legal forms.

Source: SL 1964, ch 34, § 4; SL 1976, ch 158, § 12-4 ; SL 2005, ch 120, § 237.
S.D. Codified Laws § 22-19A-11.1 — SD Code / Title 22 / Chapter 19A / Section 22-19A-11.1
Petition for protection order--Denial after hearing--Sealing of court file upon finding--Notice to law enforcement
Status: in_force

If the court denies a petition filed pursuant to § 22-19A-8 after a hearing pursuant to § 22-19A-10 , the court must seal the case upon a finding on the record that the petition was filed with no basis in fact or law and was harassing, frivolous, or abusive in nature.

The court shall notify law enforcement of any sealing order issued pursuant to this section. Upon notification, law enforcement must make any record of the petition nonpublic.

Source: SL 2026, ch 102, § 2.
S.D. Codified Laws § 22-1-2 — SD Code / Title 22 / Chapter 1 / Section 22-1-2
Definitions
Status: in_force

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 or 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 a machine gun and short shotgun, but does not include a firearm silencer;

(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;

(9A) "Critical infrastructure facility," any of the following facilities, whether in operation, idle, or under construction, maintenance, or repair, which are enclosed by a fence or other physical barrier that is obviously designed to exclude trespassers and are clearly marked with a sign that is posted on the property and reasonably likely to come to the attention of any trespasser, and which indicates that entry is forbidden, or any pole or tower used for any of the purposes in this subdivision, whether enclosed or marked with a sign or not:

(a) Electric utility facility, including a power generation facility, an electric transmission facility, an electric station or substation, or any other facility used to support the generation, transmission, or distribution of electricity;

(b) Water tower, municipal or rural water system well, water intake structure, or water treatment facility;

(c) Natural gas utility facility, including a regulator station, a compressor station, an odorization facility, a mainline valve, a natural gas storage facility, or any other facility used to support the acquisition, transmission, distribution, or storage of natural gas;

(d) Tank farm, pipeline terminal, pipeline, pump or compressor station or storage facility for gasoline, crude or refined or synthetic oil, ethanol, propane, liquid natural gas, or other hazardous liquid;

(e) Transportation facility, including a port, railroad switching yard, or trucking terminal;

(f) Hazardous waste storage, treatment, or disposal facility;

(g) Oil and gas locations, facilities, and equipment, including temporary drilling rigs, permanent oil and gas product facilities, and artificial lift equipment;

(h) Communications services facility, infrastructure or equipment involved in the carriage of essential communications services for both wired and wireless communications, switching, routing, repeater/amplifier equipment or other electronic equipment, macro and micro wireless towers using federally licensed spectrum, video headend equipment, and satellite communications receiver or transmission equipment;

(i) Dam that is owned by the state or a subdivision;

(j) Facility whose owner or operator is required to submit a risk management plan under the federal Chemical Safety Information, Site Security and Fuels Regulatory Relief Act, 42 U.S.C. § 7412(r) (January 1, 2026); or

(k) Any construction area, pipe yard, or laydown yard for any of the above, whether permanent or temporary in nature;

(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 (January 1, 2026); or any other device that is an antique or is a rifle that 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 in § 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, "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," an individual who is:

(a) 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 and is:

(i) An officer, prosecutor, agent, or employee of the state or any of its political subdivisions or the United States; or

(ii) Security personnel employed by a railroad express company, airline, or airport; or

(b) An officer, prosecutor, or employee of an Indian tribe who is assisting or aiding in:

(i) The enforcement of the criminal or highway traffic laws of the state; or

(ii) The prevention, detection, or prosecution of a crime committed in this state;

(22A) "Loaded firearm," any functional firearm that contains a cartridge, shell, or projectile in the chamber, including any chamber in the cylinder of a revolver;

(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 the intent that it 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 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 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;

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

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

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

(48) "Signature," any name, mark, or sign, written with intent to authenticate any instrument or writing;

(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, which 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 that 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; and

(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.

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; SL 2020, ch 79, § 1; SL 022, ch 60, § 1; SL 2026, ch 96, § 1; SL 2026, ch 97, § 1.
S.D. Codified Laws § 22-46-1 — SD Code / Title 22 / Chapter 46 / Section 22-46-1
Definition of terms
Status: in_force

Terms used in this chapter mean:

(1) "Adult with a disability," a person eighteen years of age or older who has a condition of intellectual disability, 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;

(2) "Caretaker," a person or entity who is entrusted with the property of an elder or adult with a disability, or who is responsible for the health or welfare of an elder or adult with a disability, and who assumes the position of trust or responsibility voluntarily, by contract, by receipt of payment, or by order of the court;

(3) "Elder," a person sixty-five years of age or older;

(4) "Emotional and psychological abuse," a caretaker's willful, malicious, and repeated infliction of:

(a) A sexual act or the simulation of a sexual act directed at and without the consent of the elder or adult with a disability that involves nudity or is obscene;

(b) Unreasonable confinement;

(c) Harm or damage or destruction of the property of an elder or adult with a disability, including harm to or destruction of pets; or

(d) Ridiculing or demeaning conduct, derogatory remarks, verbal harassment, or threats to inflict physical or emotional and psychological abuse, directed at an elder or adult with a disability;

(5) "Exploitation," the wrongful taking or exercising of control over property of an elder or adult with a disability with intent to defraud the elder or adult with a disability;

(6) "Neglect," harm to the health or welfare of an elder or an adult with a disability, without reasonable medical justification, caused by a caretaker, within the means available for the elder or adult with a disability, including the failure to provide adequate food, clothing, shelter, or medical care; and

(7) "Physical abuse," physical harm, bodily injury, attempt to cause physical harm or injury, or fear of imminent physical harm or bodily injury.

Source: SL 1986, ch 186, § 1; SL 1990, ch 171, § 1; SL 2005, ch 120, § 339; SL 2007, ch 147, § 1; SL 2013, ch 125, § 4; SL 2016, ch 120, § 1.
S.D. Codified Laws § 22-18-4 — SD Code / Title 22 / Chapter 18 / Section 22-18-4
Force--Defense of person
Status: in_force

A person is justified in using or threatening to use force, other than deadly force, against another if the person reasonably believes that using or threatening to use force is necessary to defend against the other's imminent use of unlawful force.

A person who uses or threatens to use force in accordance with this section does not have a duty to retreat before using or threatening to use force.

Source: SDC 1939, § 13.2402 (3); SL 2005, ch 120, § 8; SL 2006, ch 116, § 2; SL 2021, ch 93, § 2.
S.D. Codified Laws § 22-25-14.1 — SD Code / Title 22 / Chapter 25 / Section 22-25-14.1
Antique slot machine operated for nongambling purposes as defense--Preservation and return of antique machines
Status: in_force

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.

Source: SL 1977, ch 191; SL 1994, ch 168.
S.D. Codified Laws § 22-24A-16 — SD Code / Title 22 / Chapter 24A / Section 22-24A-16
Internet service providers to report suspected violations of child pornography laws--Permitting subscriber to use service for child pornography prohibited--Misdemeanor
Status: in_force

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.

Source: SL 2002, ch 109, § 23; SDCL, § 22-22-24.16; SL 2005, ch 120, § 407.
S.D. Codified Laws § 22-46-2 — SD Code / Title 22 / Chapter 46 / Section 22-46-2
Abuse or neglect of elder or adult with a disability--Felony or misdemeanor
Status: in_force

Any person who physically abuses or neglects an elder or adult with a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony.

Any person who emotionally or psychologically abuses an elder or adult with a disability is guilty of a Class 1 misdemeanor.

Source: SL 1986, ch 186, § 2; SL 1990, ch 171, § 2; SL 2005, ch 120, § 341; SL 2007, ch 147, § 3; SL 2016, ch 120, § 2.
S.D. Codified Laws § 22-24A-7 — SD Code / Title 22 / Chapter 24A / Section 22-24A-7
Liability for civil damages
Status: in_force

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 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive, is liable for civil damages.

Source: SL 2002, ch 109, § 14; SDCL § 22-22-24.7; SL 2005, ch 120, § 407; SL 2014, ch 109, § 20.
S.D. Codified Laws § 22-12A-10 — SD Code / Title 22 / Chapter 12A / Section 22-12A-10
Forfeiture of public office for violation--Disqualification from holding other office
Status: in_force

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.

Source: SL 1976, ch 158, § 12A-10; SL 2005, ch 120, § 337.
S.D. Codified Laws § 22-24A-39 — SD Code / Title 22 / Chapter 24A / Section 22-24A-39
Presentence investigation
Status: in_force

The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating §§ 22-24A-35 to 22-24A-37 , inclusive.

Source: SL 2024, ch 87, § 6.
S.D. Codified Laws § 22-46-7 — SD Code / Title 22 / Chapter 46 / Section 22-46-7
Report of abuse, neglect, or exploitation
Status: in_force

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 Human 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 Human Services.

Source: SL 2007, ch 147, § 5; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 23, eff. Apr. 13, 2017.
S.D. Codified Laws § 22-22-7.5 — SD Code / Title 22 / Chapter 22 / Section 22-22-7.5
Safety zone of child victim of sex crime
Status: in_force

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.

Source: SL 1997, ch 137, § 1; SL 2005, ch 120, § 399.
S.D. Codified Laws § 22-5-10 — SD Code / Title 22 / Chapter 5 / Section 22-5-10
Insanity as affirmative defense--Burden of proof
Status: in_force

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.

Source: SL 1985, ch 192, § 11.
S.D. Codified Laws § 22-22-26.1 — SD Code / Title 22 / Chapter 22 / Section 22-22-26.1
Forensic medical examination--Convicted defendant to reimburse county
Status: in_force

A person who is convicted of a rape or sexual offense is required, as part of the sentence imposed by the court, to reimburse the county for the cost of any forensic medical examination, pursuant to § 22-22-26 , that was conducted as a result of the rape or sexual offense for which the defendant is convicted.

Source: SL 2018, ch 131, § 2; SL 2025, ch 94, § 2.
S.D. Codified Laws § 22-30A-17.2 — SD Code / Title 22 / Chapter 30A / Section 22-30A-17.2
Petty theft in the first degree--Misdemeanor
Status: in_force

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.

Source: SL 2005, ch 120, § 69.
S.D. Codified Laws § 22-11-37 — SD Code / Title 22 / Chapter 11 / Section 22-11-37
Failure to notify law enforcement that child is missing--Misdemeanor
Status: in_force

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.

Source: SL 2012, ch 120, § 1.
S.D. Codified Laws § 22-14-20 — SD Code / Title 22 / Chapter 14 / Section 22-14-20
Discharge of firearm at occupied structure or motor vehicle--Felony
Status: in_force

Any person who willfully, knowingly, and illegally discharges a firearm at an occupied structure or motor vehicle is guilty of a Class 3 felony.

Source: SL 1992, ch 160, § 1; SL 2005, ch 120, § 259.
S.D. Codified Laws § 22-42-2.5 — SD Code / Title 22 / Chapter 42 / Section 22-42-2.5
Findings required for sentence imposed without regard to statutory minimum sentence
Status: in_force

For any offense under § 22-42-4.3 or § 22-42-2 where the opium derivative or opiate is listed as Schedule I or Schedule II under chapter 34-20B , the court shall impose a sentence without regard to any statutory minimum sentence, only if the court makes written findings that:

(1) The defendant does not have a prior conviction for a crime of violence as defined under subdivision 22-1-2(9);

(2) The defendant did not use violence or any credible threat of violence or possess a firearm or other dangerous weapon in connection with the offense;

(3) The defendant did not induce another participant to use violence or any credible threat of violence or possess a firearm or other dangerous weapon in connection with the offense;

(4) The defendant was not an organizer, leader, manager, or supervisor of any other participant in connection with the offense;

(5) The defendant truthfully provided to the state any information and evidence in connection with any offense that was part of the same course of conduct or of a common scheme or plan. The defendant shall provide any information before the time of sentencing, but if the defendant provides no relevant or useful information or if the state was previously aware of the information, the court may determine that the defendant has complied with the finding under this subdivision; and

(6) The offense did not result in death or serious bodily injury to any person.

Source: SL 2018, ch 137, § 2.
S.D. Codified Laws § 22-24A-41 — SD Code / Title 22 / Chapter 24A / Section 22-24A-41
Affirmative defense
Status: in_force

It is an affirmative defense to a violation of §§ 22-24A-35 to 22-24A-37 , inclusive, that the visual depiction is of the person charged and no other person appears in the visual depiction.

Source: SL 2024, ch 87, § 8.
S.D. Codified Laws § 22-12A-17 — SD Code / Title 22 / Chapter 12A / Section 22-12A-17
Fraudulent alteration of bill or resolution as felony
Status: in_force

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.

Source: SDC 1939, § 13.1006; SL 1980, ch 24, § 24; SL 1985, ch 17, § 10; SDCL, § 2-7-16 ; SL 2005, ch 120, § 427.
S.D. Codified Laws § 22-14-12 — SD Code / Title 22 / Chapter 14 / Section 22-14-12
Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence
Status: in_force

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 a state correctional facility 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 a state correctional facility.

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.

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; SL 2023, ch 82, § 12.
S.D. Codified Laws § 22-18-35 — SD Code / Title 22 / Chapter 18 / Section 22-18-35
Disorderly conduct--Misdemeanor
Status: in_force

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;

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.
S.D. Codified Laws § 22-46-12 — SD Code / Title 22 / Chapter 46 / Section 22-46-12
Information provided by report of abuse, neglect, or exploitation
Status: in_force

The person making a report as required by § 22-46-9 and as permitted by § 22-46-11 shall provide, or a proper agency receiving the report shall acquire, to the extent possible, the following information:

(1) The name, age, physical address, and contact information of the elder or adult with a disability;

(2) The name, age, physical address, and contact information of the person making the report;

(3) The name, age, physical address, and contact information of the caretaker of the elder or adult with a disability;

(4) The name of the alleged perpetrator;

(5) The nature and extent of the elder or adult with a disability's injury, whether physical or financial, if any;

(6) The nature and extent of the condition that required the report to be made; and

(7) Any other pertinent information.

Source: SL 2016, ch 120, § 23.
S.D. Codified Laws § 22-22-26.7 — SD Code / Title 22 / Chapter 22 / Section 22-22-26.7
Forensic medical examination--Hospitals--Policies and procedures
Status: in_force

A hospital licensed in accordance with chapter 34-12 , except a specialized hospital, shall establish and maintain policies and procedures regarding the administration of forensic medical examinations. The policies and procedures must:

(1) State whether the hospital provides forensic medical examinations on-site;

(2) If the hospital does not provide examinations on-site, or if a provider is not available, address timely transfers and referrals to another hospital or clinic that provides examinations, in order to best preserve the integrity of forensic evidence;

(3) If the hospital provides examinations on-site, address how the hospital coordinates with law enforcement agencies for the processing, storage, and maintenance of the chain of custody of evidence;

(4) Address how the hospital coordinates with the sexual assault response team that provides services to the county in which the hospital is located, if applicable; and

(5) Address how the hospital provides information, to a patient requesting an examination, on the availability of and resources from victim advocates.

Source: SL 2026, ch 105, § 7.
S.D. Codified Laws § 22-21-4 — SD Code / Title 22 / Chapter 21 / Section 22-21-4
Prohibited recording or manipulated image--Penalty
Status: in_force

No individual, without the consent or knowledge of the individual depicted or recorded, and with the intent to self-gratify or alarm, annoy, embarrass, harass, invade the privacy of, threaten, or cause emotional, financial, physical, psychological, or reputational harm to that individual, may:

(1) Intentionally use any device to photograph or visually record the individual without clothing or under or through the clothing, or with a third individual depicted in a sexual act, for the purpose of viewing the body of, or the undergarments worn by, the individual;

(2) Intentionally disclose, disseminate, distribute, sell, or use, by any means, any recording or photograph described in subdivision (1); or

(3) Knowingly and intentionally create, disclose, disseminate, distribute, or sell, by any means, digitally fabricated material depicting the identifiable individual:

(a) In a state of nudity, as defined in § 22-24A-2 , such that an ordinary person viewing the material would conclude that the depiction is of the identifiable individual in such a state of nudity; or

(b) Engaging in sexual contact, sexual intercourse, deviant sexual activity, or sexually explicit conduct such that an ordinary person viewing the material would conclude that the depiction is of the identifiable individual engaging in sexual contact, sexual intercourse, deviant sexual activity, or sexually explicit conduct.

A violation of subdivision (1) or (2) is a Class 1 misdemeanor, unless the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years of age at the time the photograph or recording is made, in which case the violation is a Class 6 felony. Any subsequent violation of subdivision (1) or (2) is a Class 6 felony. A violation of subdivision (3) is a Class 5 felony.

Source: SL 2004, ch 151, § 1; SL 2011, ch 116, § 1; SL 2016, ch 123, § 1; SL 2020, ch 87, § 4; SL 2021, ch 96, § 1; SL 2022, ch 63, § 1; SL 2026, ch 104, § 1.
S.D. Codified Laws § 22-19A-9 — SD Code / Title 22 / Chapter 19A / Section 22-19A-9
Filing petition for protection--Venue
Status: in_force

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.

Source: SL 1997, ch 131, § 2; SL 2008, ch 108, § 1, eff. Feb. 19, 2008.
S.D. Codified Laws § 22-29-15 — SD Code / Title 22 / Chapter 29 / Section 22-29-15
Obtaining assistance with value of two hundred dollars or less as misdemeanor
Status: in_force

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.

Source: SL 1977, ch 225, § 3; SL 2005, ch 120, § 45.
S.D. Codified Laws § 22-14-21 — SD Code / Title 22 / Chapter 14 / Section 22-14-21
Discharge of firearm from moving motor vehicle within municipality--Felony
Status: in_force

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.

Source: SL 1992, ch 160, § 2; SL 2005, ch 120, § 260.
S.D. Codified Laws § 22-19A-7 — SD Code / Title 22 / Chapter 19A / Section 22-19A-7
Stalking a child twelve or younger--Felony
Status: in_force

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.

Source: SL 1993, ch 176, § 6; SL 2002, ch 108, § 1.
S.D. Codified Laws § 22-34-28 — SD Code / Title 22 / Chapter 34 / Section 22-34-28
Substantial interruption or impairment--Utility Service--Critical Infrastructure--Violation as felony
Status: in_force

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, internet, 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;

(2) Causes a substantial interruption or impairment in:

(a) Public transportation;

(b) Water supply;

(c) Gas service;

(d) Electric service;

(e) Critical infrastructure facility; or

(f) Other utility service;

is guilty of a Class 6 felony, and, if such damage or tampering causes physical injury to another person, is guilty of a Class 4 felony.

Source: SL 1976, ch 158, § 34-4; SL 2005, ch 120, § 101; SL 2020, ch 79, § 3.
S.D. Codified Laws § 22-6-10 — SD Code / Title 22 / Chapter 6 / Section 22-6-10
Application of penalties provided in SL 2005, ch 120 to offenses committed prior to effective date prohibited
Status: in_force

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.

Source: SL 2005, ch 120, § 435.
S.D. Codified Laws § 22-13-19 — SD Code / Title 22 / Chapter 13 / Section 22-13-19
Picketing defined
Status: in_force

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.

Source: SL 2006, ch 118, § 3.
S.D. Codified Laws § 22-12A-3 — SD Code / Title 22 / Chapter 12A / Section 22-12A-3
Unlawful appointments or employments void--Official acts not invalidated by subsequent conviction
Status: in_force

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.

Source: SDC 1939, § 13.1110; SDCL, § 3-15-8; SL 1976, ch 158, § 12A-3; SL 2005, ch 120, § 331.
S.D. Codified Laws § 22-19A-12 — SD Code / Title 22 / Chapter 19A / Section 22-19A-12
Ex parte temporary order pending full hearing on petition for protection
Status: in_force

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, except as provided in § 22-19A-12.1 , unless for good cause the court grants a continuance. No continuance may exceed thirty days unless the court finds good cause for the additional continuance and:

(1) The parties stipulate to an additional continuance; or

(2) The court finds that law enforcement is unable to locate the respondent for purposes of service of the ex parte protection order.

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 without delay 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.

Source: SL 1997, ch 131, § 5; SL 2000, ch 101, § 4; SL 2009, ch 132, § 2; SL 2016, ch 142, § 2; SL 2024, ch 85, § 2.
S.D. Codified Laws § 22-48-4 — SD Code / Title 22 / Chapter 48 / Section 22-48-4
Court awards
Status: in_force

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.

Source: SL 1998, ch 124, § 4.
S.D. Codified Laws § 22-6-1.3 — SD Code / Title 22 / Chapter 6 / Section 22-6-1.3
Life imprisonment not imposed on defendant under eighteen years of age
Status: in_force

The penalty of life imprisonment may not be imposed upon any defendant for any offense committed when the defendant was less than eighteen years of age.

Source: SL 2016, ch 121, § 2.
S.D. Codified Laws § 22-25-25.1 — SD Code / Title 22 / Chapter 25 / Section 22-25-25.1
Congressionally chartered veterans' organization defined
Status: in_force

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.

Source: SL 1989, ch 198, § 2.
S.D. Codified Laws § 22-13-18 — SD Code / Title 22 / Chapter 13 / Section 22-13-18
Injunction, damages award, or other relief for repeated violations
Status: in_force

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.

Source: SL 2006, ch 118, § 2.
S.D. Codified Laws § 22-2-1 — SD Code / Title 22 / Chapter 2 / Section 22-2-1
Civil remedy not affected by failure to affirm civil liability
Status: in_force

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.

Source: SDC 1939, § 13.0110; SL 2005, ch 120, § 367.
S.D. Codified Laws § 22-18-34 — SD Code / Title 22 / Chapter 18 / Section 22-18-34
Actual transmission of HIV not required for criminal exposure
Status: in_force

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.

Source: SL 2000, ch 99, § 4.
S.D. Codified Laws § 22-36-1 — SD Code / Title 22 / Chapter 36 / Section 22-36-1
Nuisances for which punishment not otherwise prescribed--Failure to remove public nuisance--Misdemeanor
Status: in_force

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.

Source: SDC 1939, § 13.1432; SL 1976, ch 158, § 36-1 ; SL 2004, ch 145, § 2.
S.D. Codified Laws § 22-2-2 — SD Code / Title 22 / Chapter 2 / Section 22-2-2
Remedies against public officer not affected by failure to specify forfeiture
Status: in_force

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.

Source: SDC 1939, § 13.0111.
S.D. Codified Laws § 22-42-20 — SD Code / Title 22 / Chapter 42 / Section 22-42-20
Violation of drug-free zones as separate count in indictment
Status: in_force

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.

Source: SL 1992, ch 168, § 3.
S.D. Codified Laws § 22-14-6 — SD Code / Title 22 / Chapter 14 / Section 22-14-6
Possession of controlled weapon--Penalty--Exceptions
Status: in_force

Any person who knowingly possesses a controlled weapon is guilty of a Class 6 felony. 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 federal license issued pursuant to law for the weapon or has registered the weapon with the proper federal authority pursuant to law;

(3) Possesses a controlled weapon briefly after having found it or taken it from an offender; or

(4) Possesses any controlled weapon, other than a machine gun or short shotgun, under circumstances which negate any purpose or likelihood that the weapon would be used unlawfully.

Source: SL 1976, ch 158, § 14-2; SL 1977, ch 189, § 27; SL 2005, ch 120, § 244; SL 2026, ch 96, § 2.
S.D. Codified Laws § 22-25-1 — SD Code / Title 22 / Chapter 25 / Section 22-25-1
Gambling defined--Keeping gambling establishment--Letting building for gambling—Violation as misdemeanor
Status: in_force

Any person who places or accepts a wager on a sporting event or 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.

This section does not apply to any gaming within a licensed gaming establishment in the city of Deadwood which is conducted by an operator or route operator that is licensed pursuant to chapter 42-7B .

Source: SDC 1939, § 24.9903; SL 1976, ch 158, § 25-1 ; SL 2021, ch 189, § 23.
S.D. Codified Laws § 22-35-9 — SD Code / Title 22 / Chapter 35 / Section 22-35-9
Misrepresentation of a service animal--Public accommodation--Penalty
Status: in_force

An individual may not, directly or indirectly through statements or conduct, intentionally misrepresent an animal in that individual's possession as a service animal in any place of public accommodation to obtain any rights or privileges available to an individual who qualifies for a service animal under state or federal law, knowing that the individual is not entitled to those rights or privileges.

A violation of this section is a Class 2 misdemeanor.

For purposes of this section, "service animal" means a dog that is trained to do work or perform tasks for the benefit of an individual with a disability, as set forth in 28 C.F.R. § 36.104 (January 1, 2026), provided the work or tasks performed by the dog are directly related to the individual's disability. The crime deterrent effects of a dog's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.

Source: SL 2026, ch 110, § 1.
S.D. Codified Laws § 22-24A-8 — SD Code / Title 22 / Chapter 24A / Section 22-24A-8
Persons who may bring action for damages
Status: in_force

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 , 22-49-1 to 22-49-3 , inclusive, 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 , 22-49-1 to 22-49-3 , inclusive, 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.

Source: SL 2002, ch 109, § 15; SDCL § 22-22-24.8; SL 2005, ch 120, §§ 407, 411; SL 2014, ch 109, § 21.
S.D. Codified Laws § 22-30A-3 — SD Code / Title 22 / Chapter 30A / Section 22-30A-3
Theft by deception
Status: in_force

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.

Source: SL 1976, ch 158, § 30A-9; SL 2005, ch 120, § 52.
S.D. Codified Laws § 22-30-1 — SD Code / Title 22 / Chapter 30 / Section 22-30-1
Robbery defined
Status: in_force

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.

Source: SDC 1939, § 13.2601; SL 1976, ch 158, § 30-1 , 1978, ch 158, § 11; SL 2005, ch 120, § 24.
S.D. Codified Laws § 22-9-1 — SD Code / Title 22 / Chapter 9 / Section 22-9-1
Desecration of flag
Status: in_force

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.

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.
S.D. Codified Laws § 22-18-4.7 — SD Code / Title 22 / Chapter 18 / Section 22-18-4.7
Deadly force--Defense of property other than a dwelling
Status: in_force

A person is justified in using or threatening to use deadly force only if the person reasonably believes that the use of deadly force is necessary to prevent the imminent commission of a forcible felony.

A person who uses or threatens to use deadly force in accordance with this section does not have a duty to retreat and has the right to stand his or her ground, if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where the person has a right to be.

Source: SL 2021, ch 93, § 9.
S.D. Codified Laws § 22-19-17 — SD Code / Title 22 / Chapter 19 / Section 22-19-17
False imprisonment--Misdemeanor
Status: in_force

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.

Source: SL 2005, ch 120, § 126.
S.D. Codified Laws § 22-4A-4 — SD Code / Title 22 / Chapter 4A / Section 22-4A-4
Renunciation of criminal intent--Requirements
Status: in_force

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.

Source: SL 2005, ch 120, § 441.
S.D. Codified Laws § 22-19B-1 — SD Code / Title 22 / Chapter 19B / Section 22-19B-1
Malicious intimidation or harassment--Felony
Status: in_force

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.

Source: SL 1993, ch 177, § 1; SL 2005, ch 120, § 181.
S.D. Codified Laws § 22-24-63 — SD Code / Title 22 / Chapter 24 / Section 22-24-63
Persons violating §22-24-61liable for civil damages
Status: in_force

Any person who knowingly participates in any conduct proscribed by §§ 22-24-60 to 22-24-68 , inclusive, is liable for civil damages.

Source: SL 2002, ch 112, § 4.
S.D. Codified Laws § 22-30A-10.1 — SD Code / Title 22 / Chapter 30A / Section 22-30A-10.1
Return of stolen property considered in mitigation of punishment--Return not a defense
Status: in_force

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.

Source: SL 1977, ch 189, § 58; SL 1986, ch 183, § 1; SL 2005, ch 120, § 60.
S.D. Codified Laws § 22-45-8 — SD Code / Title 22 / Chapter 45 / Section 22-45-8
Suspension or exclusion from participation as provider of person convicted of committing offense
Status: in_force

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.

Source: SL 1986, ch 187, § 8.
S.D. Codified Laws § 22-42-18 — SD Code / Title 22 / Chapter 42 / Section 22-42-18
Definitions of terms used in §§22-42-19to22-42-21, inclusive
Status: in_force

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.

Source: SL 1992, ch 168, § 1.
S.D. Codified Laws § 22-19A-15 — SD Code / Title 22 / Chapter 19A / Section 22-19A-15
Delivery of protection order to law enforcement agency--Notice of order to officers
Status: in_force

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.

Source: SL 1997, ch 131, § 8.
S.D. Codified Laws § 22-24B-22 — SD Code / Title 22 / Chapter 24B / Section 22-24B-22
Definitions
Status: in_force

Terms used in §§ 22-24B-22 to 22-24B-28 , inclusive, mean:

(1) "Community safety zone," the measurement of a straight line that creates an area that lies within five hundred feet from the facilities and grounds of any of the following sites:

(a) A domestic abuse shelter;

(b) A licensed day care center, as described in subdivision 26-6-14 (3);

(c) A licensed group family day care home, as described in subdivision 26-6-14 (5);

(d) A public park, playground, or pool;

(e) A registered family day care, as defined by § 26-6-14.1 ;

(f) A school; or

(g) A sexual assault shelter.

The area includes the facilities and grounds of the site 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 accredited through the Department of Education. This term does not apply to any facility where the education of students might occur incidentally to the primary purpose of the facility; and

(4) "Residence," the address a person lists for purposes of the sex offender registry under subdivision 22-24B-8 (3) and § 22-24B-12 .

Source: SL 2006, ch 125, § 1; SL 2018, ch 133, § 3; SL 2021, ch 99, § 1; SL 2024, ch 89, § 1; SL 2026, ch 107, § 1.
S.D. Codified Laws § 22-42A-1 — SD Code / Title 22 / Chapter 42A / Section 22-42A-1
Drug paraphernalia defined--Exclusion
Status: in_force

For purposes of this chapter, the term, drug paraphernalia, means any equipment, product, or material that is primarily used, intended for use, or designed for use by the person in possession of it, 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. Drug paraphernalia includes:

(1) Kits used, intended for use, or designed for use in planting, propagating, cultivating, growing, or harvesting of any species of plant that 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 that 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, including 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, including:

(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.

For purposes of this chapter, drug paraphernalia does not include a product that detects the presence of fentanyl or a fentanyl analog in a controlled substance.

Source: SL 1983, ch 180, § 1; SL 1984, ch 172, § 1; SL 2023, ch 73, § 1.
S.D. Codified Laws § 22-16-5 — SD Code / Title 22 / Chapter 16 / Section 22-16-5
Premeditated design to effect the death defined
Status: in_force

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.

Source: SDC 1939, § 13.2008; SL 1978, ch 158, § 8; SL 2005, ch 120, § 155.
S.D. Codified Laws § 22-49-5 — SD Code / Title 22 / Chapter 49 / Section 22-49-5
Torture of a human trafficking victim--Felony
Status: in_force

A person who, with the intent to cause cruel physical or mental pain, inflicts serious bodily injury or serious mental injury upon a human trafficking victim while the victim is the subject of human trafficking is guilty of a Class 1 felony. Proof that the victim suffered pain is not an element of the crime of torture of a human trafficking victim.

Source: SL 2021, ch 101, § 1.
S.D. Codified Laws § 22-24-29.1 — SD Code / Title 22 / Chapter 24 / Section 22-24-29.1
Publications containing obscene material to be wrapped and sealed while on display--Misdemeanor
Status: in_force

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.

Source: SL 1978, ch 161; SL 2005, ch 120, § 305.
S.D. Codified Laws § 22-25-27 — SD Code / Title 22 / Chapter 25 / Section 22-25-27
Provision of chapter not applicable to state lottery
Status: in_force

The provisions of this chapter do not apply to a lottery owned and operated by this state.

Source: SL 1987, ch 313, § 40.
S.D. Codified Laws § 22-24-32 — SD Code / Title 22 / Chapter 24 / Section 22-24-32
Misrepresentation to obtain admission of minor--Misdemeanor
Status: in_force

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.

Source: SL 1974, ch 165, § 19 (1); SL 1976, ch 158, § 24-7 ; SL 2005, ch 120, § 308.
S.D. Codified Laws § 22-16-20.2 — SD Code / Title 22 / Chapter 16 / Section 22-16-20.2
Lesser included offense instruction
Status: in_force

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.

Source: SL 2005, ch 120, § 437.
S.D. Codified Laws § 22-42-25 — SD Code / Title 22 / Chapter 42 / Section 22-42-25
Passenger--Use of marijuana--Motor vehicle--Misdemeanor
Status: in_force

While a motor vehicle is located upon a public highway or the right-of-way of a public highway, it is a Class 2 misdemeanor if any person occupying a motor vehicle smokes marijuana or marijuana concentrate while the vehicle is being operated.

Source: SL 2021, ch 100, § 2.
S.D. Codified Laws § 22-10-5.1 — SD Code / Title 22 / Chapter 10 / Section 22-10-5.1
Attempted riot or attempted aggravated riot
Status: in_force

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

Source: SL 2005, ch 120, § 346.
S.D. Codified Laws § 22-24A-40 — SD Code / Title 22 / Chapter 24A / Section 22-24A-40
Consent or mistake of age not a defense
Status: in_force

Consent to performing the 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 §§ 22-24A-35 to 22-24A-37 , inclusive.

Source: SL 2024, ch 87, § 7.
S.D. Codified Laws § 22-11-2 — SD Code / Title 22 / Chapter 11 / Section 22-11-2
Obstructing officer in charge of personal property
Status: in_force

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.

Source: SDC 1939, § 13.1224; SL 1976, ch 158, § 11-4 ; SL 2005, ch 120, § 191.
S.D. Codified Laws § 22-1-4 — SD Code / Title 22 / Chapter 1 / Section 22-1-4
Felony and misdemeanor distinguished
Status: in_force

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

Source: SDC 1939, § 13.0103; SL 1976, ch 158, § 1-7; SL 2005, ch 120, § 359; SL 2023, ch 82, § 9.
S.D. Codified Laws § 22-42-8 — SD Code / Title 22 / Chapter 42 / Section 22-42-8
Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud
Status: in_force

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.

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.
S.D. Codified Laws § 22-14-8 — SD Code / Title 22 / Chapter 14 / Section 22-14-8
Concealment of weapon with intent to commit felony--Felony
Status: in_force

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.

Source: SL 1976, ch 158, § 14-5 ; SL 1977, ch 189, § 28; SL 2005, ch 120, § 246.
S.D. Codified Laws § 22-25-26 — SD Code / Title 22 / Chapter 25 / Section 22-25-26
Unauthorized bingo or lottery as misdemeanor
Status: in_force

Any person who conducts bingo or lottery in violation of § 22-25-25 is guilty of a Class 2 misdemeanor.

Source: SL 1970, ch 247, § 4 (2); SL 1973, ch 149, § 5; SL 1976, ch 158, § 25-9 .
S.D. Codified Laws § 22-12A-5 — SD Code / Title 22 / Chapter 12A / Section 22-12A-5
Solicitation of bribes by legislators--Felony
Status: in_force

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.

Source: SDC 1939, § 13.1009; SDCL, § 2-4-12; SL 1976, ch 158, § 12A-5; SL 2005, ch 120, § 333.
S.D. Codified Laws § 22-24-1.1 — SD Code / Title 22 / Chapter 24 / Section 22-24-1.1
Public indecency--Misdemeanor
Status: in_force

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.

Source: SL 1998, ch 136, § 2; SL 2005, ch 120, § 298.
S.D. Codified Laws § 22-22-45 — SD Code / Title 22 / Chapter 22 / Section 22-22-45
Threatening to commit a sexual offense--Felony
Status: in_force

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.

Source: SL 2006, ch 121, § 15.
S.D. Codified Laws § 22-30A-30 — SD Code / Title 22 / Chapter 30A / Section 22-30A-30
Prosecution for passing check against insufficient funds--Establishment of probable cause-Testimony of official not necessary
Status: in_force

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.

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.
S.D. Codified Laws § 22-24B-8 — SD Code / Title 22 / Chapter 24B / Section 22-24B-8
Information required for sex offender registration--DNA sample--Violation as felony
Status: in_force

The registration shall include the following information which, unless otherwise indicated, shall be provided by the offender:

(1) Name, date of birth, 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 or identification card number, state of issuance, and a photocopy of the driver license or identification card;

(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 or regularly operated 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 along with a photocopy of the passport or immigration document; 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.

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; SL 2016, ch 126, § 3.
S.D. Codified Laws § 22-22-7.3 — SD Code / Title 22 / Chapter 22 / Section 22-22-7.3
Sexual contact with child under sixteen years of age--Violation as misdemeanor
Status: in_force

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.

Source: SL 1989, ch 195, § 2; SL 1990, ch 163; SL 2005, ch 120, § 397.
S.D. Codified Laws § 22-24A-4 — SD Code / Title 22 / Chapter 24A / Section 22-24A-4
Minor and solicit defined
Status: in_force

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.

Source: SL 2002, ch 109, § 9; SDCL, § 22-22-24.4 ; SL 2005, ch 120, § 407.
S.D. Codified Laws § 22-18-39 — SD Code / Title 22 / Chapter 18 / Section 22-18-39
Certain surgical procedures permitted
Status: in_force

A surgical procedure is not a violation of § 22-18-37 if the procedure is:

(1) Necessary to the health of the individual on whom it is performed and the procedure is performed by a licensed medical practitioner in a licensed medical facility; or

(2) Performed on an individual in labor or who has just given birth and the procedure is performed for medical purposes connected with that labor or birth and the procedure is performed by a licensed medical practitioner.

Source: SL 2015, ch 127, § 3, eff. Mar. 10, 2015.
S.D. Codified Laws § 22-24A-14 — SD Code / Title 22 / Chapter 24A / Section 22-24A-14
Civil action stayed pending completion of criminal action--Statute of limitations tolled
Status: in_force

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.

Source: SL 2002, ch 109, § 21; SDCL, § 22-22-24.14; SL 2005, ch 120, § 407.
S.D. Codified Laws § 22-12-1 — SD Code / Title 22 / Chapter 12 / Section 22-12-1
Barratry--Misdemeanor
Status: in_force

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.

Source: SDC 1939, § 13.1252; SL 1976, ch 158, § 12-1 ; SL 1977, ch 189, § 26; SL 2005, ch 120, § 233.
S.D. Codified Laws § 22-14A-11 — SD Code / Title 22 / Chapter 14A / Section 22-14A-11
Intentional use of device or explosive to cause serious bodily injury--Felony
Status: in_force

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.

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.
S.D. Codified Laws § 22-11-36 — SD Code / Title 22 / Chapter 11 / Section 22-11-36
Killing, injury, or interference with a law enforcement support animal prohibited--Felony or misdemeanor
Status: in_force

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.

Source: SL 2010, ch 113, § 1.
S.D. Codified Laws § 22-18-4.9 — SD Code / Title 22 / Chapter 18 / Section 22-18-4.9
Aggressor--Use of force--Justification not available
Status: in_force

Any justification for the use or the threatened use of either force or deadly force is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of a forcible felony; or

(2) Initially provokes the use or threatened use of force against himself or herself, unless:

(a) Such force or threat of force is so great that the person reasonably believes he or she is in imminent danger of death or great bodily harm and that every reasonable means to escape such danger has been exhausted, other than the use or threatened use of force that is likely to cause death or great bodily harm to the assailant; or

(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use or threatened use of force, but the assailant continues or resumes the use or threatened use of force.

Source: SL 2021, ch 93, § 11.
S.D. Codified Laws § 22-14-26 — SD Code / Title 22 / Chapter 14 / Section 22-14-26
Notice to be posted at county courthouse and state capitol
Status: in_force

Notice of the provisions of § 22-14-23 shall be posted conspicuously at each public entrance to a county courthouse and the state capitol.

Source: SL 1993, ch 173, § 5; SL 2005, ch 120, § 264; SL 2019, ch 106, § 5.
S.D. Codified Laws § 22-16-3 — SD Code / Title 22 / Chapter 16 / Section 22-16-3
Relationship between accused and victim bearing on degree of homicide
Status: in_force

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.

Source: SDC 1939, § 13.2005; SL 1976, ch 158, § 16-1 ; SL 2005, ch 120, § 153.
S.D. Codified Laws § 22-22A-4 — SD Code / Title 22 / Chapter 22A / Section 22-22A-4
Removal of minor from state for adoption prohibited until parents' consent or termination of rights--Violation as felony
Status: in_force

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.

Source: SL 1977, ch 205, § 4; SL 1992, ch 158, § 5; SDCL, § 25-5A-7.1 ; SL 2006, ch 130, § 9.
S.D. Codified Laws § 22-24B-19.4 — SD Code / Title 22 / Chapter 24B / Section 22-24B-19.4
Criteria for removal from registry--Removed from out-of-state registry
Status: in_force

Notwithstanding §§ 22-24B-19 and 22-24B-19 .1, an offender who is required to register in this state as a sex offender because of any crime committed in another jurisdiction, if that jurisdiction also requires anyone convicted of that crime to register as a sex offender, may petition to be removed from the registry of this state if the offender is eligible to be removed under the laws of the jurisdiction where the conviction occurred. In addition to the documentation required pursuant to § 22-24B-18 , to be eligible to be removed under this section, the petitioner must provide a certified copy of the final order from the convicting jurisdiction removing the offender from the registry of the convicting jurisdiction.

Source: SL 2023, ch 72, § 1.
S.D. Codified Laws § 22-14A-19 — SD Code / Title 22 / Chapter 14A / Section 22-14A-19
Use of explosive or device to endanger human life or safety--Felony
Status: in_force

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.

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.
S.D. Codified Laws § 22-17-5.2 — SD Code / Title 22 / Chapter 17 / Section 22-17-5.2
Unlawful abortion--Female not criminally liable
Status: in_force

A female who undergoes an unlawful abortion, as set forth in § 22-17-5.1 , may not be held criminally liable for the abortion.

Source: SL 2023, ch 69, § 1.
S.D. Codified Laws § 22-22-43 — SD Code / Title 22 / Chapter 22 / Section 22-22-43
Sexual act with an animal defined--Proof
Status: in_force

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.

Source: SL 2003, ch 127, § 2.
S.D. Codified Laws § 22-5-5 — SD Code / Title 22 / Chapter 5 / Section 22-5-5
Voluntary intoxication--Crimes involving motive or intent
Status: in_force

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.

Source: SDC 1939, § 13.0504; SL 2005, ch 120, § 380.
S.D. Codified Laws § 22-22-7.4 — SD Code / Title 22 / Chapter 22 / Section 22-22-7.4
Sexual contact without consent with person capable of consenting--Misdemeanor or felony--Separate information
Status: in_force

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. A violation of this section by a person registered as a sex offender pursuant to chapter 22-24B at the time of the offense is a Class 6 felony.

An allegation that a defendant is registered as a sex offender pursuant to chapter 22-24B must be filed as a separate information at the time of, or before, arraignment. The separate information must state the time and place of the defendant's conviction and the specific sex crime that resulted in the defendant's conviction. The separate information must be signed by the prosecutor.

Source: SL 1991, ch 189; SL 2005, ch 120, § 398; SL 2022, ch 64, § 1.
S.D. Codified Laws § 22-14A-13 — SD Code / Title 22 / Chapter 14A / Section 22-14A-13
Unauthorized possession of substances with intent to make destructive device as felony
Status: in_force

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.

Source: SL 1972, ch 140, § 11; SL 1976, ch 158, § 14A-6; SL 1977, ch 189, § 39.
S.D. Codified Laws § 22-22A-3 — SD Code / Title 22 / Chapter 22A / Section 22-22A-3
Aggravated incest--Related child--Felony
Status: in_force

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 ;

Source: SL 2005, ch 120, § 21; SL 2008, ch 109, § 1.
S.D. Codified Laws § 22-35-7 — SD Code / Title 22 / Chapter 35 / Section 22-35-7
Affirmative defenses to unlawful occupancy
Status: in_force

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.

Source: SL 1976, ch 158, § 35-3 ; SL 1977, ch 189, § 72; SL 2005, ch 120, § 291.
S.D. Codified Laws § 22-40-23 — SD Code / Title 22 / Chapter 40 / Section 22-40-23
Notice of breach of system security in accordance with information holder's policies
Status: in_force

Notwithstanding § 22-40-22 , if an information holder maintains its own notification procedure as part of an information security policy for the treatment of personal or protected information and the policy is otherwise consistent with the timing requirements of this section, the information holder is in compliance with the notification requirements of § 22-40-22 if the information holder notifies each person in accordance with the information holder's policies in the event of a breach of system security.

Source: SL 2018, ch 135, § 5.
S.D. Codified Laws § 22-6-6.1 — SD Code / Title 22 / Chapter 6 / Section 22-6-6.1
Concurrent or consecutive sentences at discretion of court
Status: in_force

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.

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.
S.D. Codified Laws § 22-46-13 — SD Code / Title 22 / Chapter 46 / Section 22-46-13
Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees
Status: in_force

A court may find that an elder or adult with a disability has been exploited as defined in § 22-46-1 or 22-46-3 . If a court finds exploitation occurred, the elder or adult with a disability has a cause of action against the perpetrator and may recover actual and punitive damages for the exploitation. The action may be brought by the elder or adult with a disability, or that person's guardian, conservator, by a person or organization acting on behalf of the elder or adult with a disability with the consent of that person or that person's guardian or conservator, or by the personal representative of the estate of a deceased elder or adult with a disability without regard to whether the cause of death resulted from the exploitation. The action may be brought in any court of competent jurisdiction to enforce the action. A party who prevails in the action may recover reasonable attorney's fees, costs of the action, compensatory damages, and punitive damages.

Source: SL 2016, ch 120, § 28.
S.D. Codified Laws § 22-30-3 — SD Code / Title 22 / Chapter 30 / Section 22-30-3
Fear of force necessary to robbery
Status: in_force

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.

Source: SDC 1939, § 13.2602; SL 1976, ch 158, § 30-2 ; SL 2005, ch 120, § 26.
S.D. Codified Laws § 22-24A-20 — SD Code / Title 22 / Chapter 24A / Section 22-24A-20
Exemption of publications with redeeming social value
Status: in_force

The provisions of §§ 22-22-24.3 , 22-24A-1 , 22-24A-1.1 , 22-24A-3.1 , 22-24A-5 , and §§ 22-24A-35 to 22-24A-37 , inclusive, 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.

Source: SL 1978, ch 159, § 5; SL 2002, ch 109, § 33; SDCL, § 22-22-25; SL 2005, ch 120, §§ 407, 414; SL 2021, ch 98, § 4; SL 2024, ch 87, § 12.
S.D. Codified Laws § 22-16-20.1 — SD Code / Title 22 / Chapter 16 / Section 22-16-20.1
Lesser included offenses
Status: in_force

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.

Source: SL 2005, ch 120, § 436.
S.D. Codified Laws § 22-22-1 — SD Code / Title 22 / Chapter 22 / Section 22-22-1
Rape--Degrees--Penalty--Statute of limitations
Status: in_force

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;

(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;

(3) If the victim is incapable, because of physical or mental incapacity, of giving consent to such act and the perpetrator knows or reasonably should know of the victim's incapacity;

(4) If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis and the perpetrator knows or reasonably should know the victim is incapable of giving consent;

(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; or

(6) Without the victim's consent and the perpetrator knows or reasonably should know the victim is not consenting.

A violation of subdivision (1) is rape in the first degree, which is a Class C felony. A violation of subdivision (2) is rape in the second degree which is a Class 1 felony. A violation of subdivision (3) or (4) is rape in the third degree, which is a Class 2 felony. A violation of subdivision (5) or (6) 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 subdivision (1) or (2). Otherwise, a charge brought pursuant to this section may be commenced at any time before the victim reaches age twenty-five or within seven years from the commission of the crime, whichever is longer.

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; SL 2023, ch 70, § 1.
S.D. Codified Laws § 22-44-4 — SD Code / Title 22 / Chapter 44 / Section 22-44-4
Multipoint distribution system and multichannel multipoint distribution system defined
Status: in_force

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.

Source: SL 1984, ch 173, § 4; SL 1990, ch 169, § 3.
S.D. Codified Laws § 22-29-10 — SD Code / Title 22 / Chapter 29 / Section 22-29-10
Deposition or certificate as complete upon delivery--Intent
Status: in_force

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.

Source: SDC 1939, § 13.1241; SL 2005, ch 120, § 40.
S.D. Codified Laws § 22-25A-15 — SD Code / Title 22 / Chapter 25A / Section 22-25A-15
Inapplicability of chapter to state lottery or commission on gaming
Status: in_force

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 .

Source: SL 2000, ch 106, § 15.
S.D. Codified Laws § 22-14-24 — SD Code / Title 22 / Chapter 14 / Section 22-14-24
Possession in a county courthouse or state capitol--Exceptions from penalty
Status: in_force

(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 who is an officer of the court;

(2) The possession of a firearm or other dangerous weapon by a judge or magistrate;

(3) The possession of a firearm or other dangerous weapon by a federal or state official or by a member of the armed services, if such possession is authorized by law;

(4) The possession of a concealed pistol in the state capitol by a qualified law enforcement officer or a qualified retired law enforcement officer in accordance with the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. § 926B-C;

(5) The possession of a concealed pistol anywhere in the state capitol, other than in the Supreme Court chamber or other access-controlled private office under the supervision of security personnel, by any person not otherwise referenced in this section, provided:

(a) The person possessing the concealed pistol holds an enhanced permit issued in accordance with § 23-7-53 ;

(b) At least twenty-four hours prior to initially entering the state capitol with a concealed pistol, the person notifies the superintendent of the Division of Highway Patrol, orally or in writing, that the person intends to possess a concealed pistol in the state capitol; and

(c) The notification required under this subdivision:

(i) Includes the date on which or the range of dates during which the person intends to possess a concealed pistol in the state capitol, provided the range of dates may not extend beyond December thirty-first of each year; and

(ii) May be renewed, as necessary and without limit;

(6) The possession of a firearm or other dangerous weapon in a county courthouse by any person who is employed by the county or the state and assigned to work in the county courthouse, provided the person is not an inmate, and other than in any area in use under the supervision of the Unified Judicial System or employees of the Unified Judicial System; and

(7) The lawful carrying of a firearm or other dangerous weapon in a county courthouse incident to a hunter safety or a gun safety course or for any other lawful purposes.

Source: SL 1993, ch 173, § 3; SL 2019, ch 106, § 3; SL 2020, ch 80, § 1; SL 2020, ch 81, § 1.
S.D. Codified Laws § 22-42-15.1 — SD Code / Title 22 / Chapter 42 / Section 22-42-15.1
Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor
Status: in_force

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.

Source: SL 2011, ch 118, § 1.
S.D. Codified Laws § 22-12-15 — SD Code / Title 22 / Chapter 12 / Section 22-12-15
Delay in taking arrested person before magistrate--Misdemeanor
Status: in_force

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.

Source: SDC 1939, § 13.1220; SDCL, § 23-22-21; SL 1978, ch 185, § 7; SL 2005, ch 120, § 242.
S.D. Codified Laws § 22-16-6 — SD Code / Title 22 / Chapter 16 / Section 22-16-6
Anger or voluntary intoxication not reducing degree of crime
Status: in_force

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.

Source: SDC 1939, § 13.2009.
S.D. Codified Laws § 22-25A-8 — SD Code / Title 22 / Chapter 25A / Section 22-25A-8
Establishment of internet gambling business prohibited
Status: in_force

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.

Source: SL 2000, ch 106, § 8.
S.D. Codified Laws § 22-3-5.1 — SD Code / Title 22 / Chapter 3 / Section 22-3-5.1
Accessory punishable though principal not tried or acquitted
Status: in_force

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.

Source: SDC 1939 & Supp 1960, § 34.0505; SDCL, § 23-10-5; SL 1978, ch 185, § 3; SL 2005, ch 120, § 375.
S.D. Codified Laws § 22-46-17 — SD Code / Title 22 / Chapter 46 / Section 22-46-17
Additional remedies for violation
Status: in_force

The court may authorize remedies provided in § 21-65-12 for violations under § 22-46-3 or 22-46-13 .

Source: SL 2016, ch 120, § 32.
S.D. Codified Laws § 22-24A-37 — SD Code / Title 22 / Chapter 24A / Section 22-24A-37
Manufacturing child pornography--Penalty
Status: in_force

A person is guilty of manufacturing child pornography if the person creates, causes the creation of, or knowingly permits the creation of:

(1) Any visual depiction of a minor engaged in a prohibited sexual act, or in a simulation of a prohibited sexual act; or

(2) Any computer-generated child pornography.

A violation of this section is a Class 2 felony. A conviction under this section for a first offense must be punished by a mandatory sentence in a state correctional facility of at least ten years. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence in a state correctional facility of at least twenty years.

A person convicted of a violation of this section may not be convicted of possessing child pornography pursuant to § 22-24A-35 for the same visual depiction.

Source: SL 2024, ch 87, § 4.
S.D. Codified Laws § 22-30A-45 — SD Code / Title 22 / Chapter 30A / Section 22-30A-45
Public official defined
Status: in_force

For the purposes of § 22-30A-46 , the term, public official, means any elected official, appointed official, officer, employee, authority member, board member, commission member, fiscal agent, executive of a local service agency, or any other person subject to the provisions of chapter 3-16 , 3-23 , 5-18A , or 6-1 .

Source: SL 2017, ch 98, § 1.
S.D. Codified Laws § 22-40-19 — SD Code / Title 22 / Chapter 40 / Section 22-40-19
Definition of terms in §§22-40-19to22-40-26
Status: in_force

Terms in §§ 22-40-19 to 22-40-26 , inclusive, mean:

(1) "Breach of system security," the unauthorized acquisition of unencrypted computerized data or encrypted computerized data and the encryption key by any person that materially compromises the security, confidentiality, or integrity of personal or protected information maintained by the information holder. The term does not include the good faith acquisition of personal or protected information by an employee or agent of the information holder for the purposes of the information holder if the personal or protected information is not used or subject to further unauthorized disclosure;

(2) "Encrypted," computerized data that is rendered unusable, unreadable, or indecipherable without the use of a decryption process or key or in accordance with the Federal Information Processing Standard 140-2 in effect on January 1, 2018;

(3) "Information holder," any person or business that conducts business in this state, and that owns or licenses computerized personal or protected information of residents of this state;

(4) "Personal information," a person's first name or first initial and last name, in combination with any one or more of the following data elements:

(a) Social security number;

(b) Driver license number or other unique identification number created or collected by a government body;

(c) Account, credit card, or debit card number, in combination with any required security code, access code, password, routing number, PIN, or any additional information that would permit access to a person's financial account;

(d) Health information as defined in 45 CFR 160.103; or

(e) An identification number assigned to a person by the person's employer in combination with any required security code, access code, password, or biometric data generated from measurements or analysis of human body characteristics for authentication purposes.

The term does not include information that is lawfully made available to the general public from federal, state, or local government records or information that has been redacted, or otherwise made unusable; and

(5) "Protected information," includes:

(a) A user name or email address, in combination with a password, security question answer, or other information that permits access to an online account; and

(b) Account number or credit or debit card number, in combination with any required security code, access code, or password that permits access to a person's financial account;

(6) "Unauthorized person," any person not authorized to acquire or disclose personal information, or any person authorized by the information holder to access personal information who has acquired or disclosed the personal information outside the guidelines for access of disclosure established by the information holder.

Source: SL 2018, ch 135, § 1.
S.D. Codified Laws § 22-40-20 — SD Code / Title 22 / Chapter 40 / Section 22-40-20
Notice of breach of system security--Exception
Status: in_force

Following the discovery by or notification to an information holder of a breach of system security an information holder shall disclose in accordance with § 22-40-22 the breach of system security to any resident of this state whose personal or protected information was, or is reasonably believed to have been, acquired by an unauthorized person. A disclosure under this section shall be made not later than sixty days from the discovery or notification of the breach of system security, unless a longer period of time is required due to the legitimate needs of law enforcement as provided under § 22-40-21 . An information holder is not required to make a disclosure under this section if, following an appropriate investigation and notice to the attorney general, the information holder reasonably determines that the breach will not likely result in harm to the affected person. The information holder shall document the determination under this section in writing and maintain the documentation for not less than three years.

Any information holder that experiences a breach of system security under this section shall disclose to the attorney general by mail or electronic mail any breach of system security that exceeds two hundred fifty residents of this state.

Source: SL 2018, ch 135, § 2.
S.D. Codified Laws § 22-24A-10 — SD Code / Title 22 / Chapter 24A / Section 22-24A-10
Damages recoverable
Status: in_force

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.

Source: SL 2002, ch 109, § 17; SDCL, § 22-22-24.10; SL 2005, ch 120, § 407.
S.D. Codified Laws § 22-14A-21 — SD Code / Title 22 / Chapter 14A / Section 22-14A-21
Possession of registered or licensed destructive devices permitted
Status: in_force

Any person may possess destructive devices that are registered with, or licensed by, the state or federal government pursuant to law.

Source: SL 1976, ch 158, § 14A-13; SL 1977, ch 189, § 40.
S.D. Codified Laws § 22-45-6 — SD Code / Title 22 / Chapter 45 / Section 22-45-6
Failure to keep necessary records upon which claim is based--Violation a misdemeanor
Status: in_force

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.

Source: SL 1986, ch 187, § 6.
S.D. Codified Laws § 22-19A-16 — SD Code / Title 22 / Chapter 19A / Section 22-19A-16
Protection order--Violation--Penalty
Status: in_force

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 restrained knows of the order, a violation of the order is a Class 1 misdemeanor.

If the acts constituting a violation of this section also constitute an assault, as defined in § 22-18-1 , the violation of this section is a Class 6 felony.

If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, § 21-65-19 , or § 25-10-13 , or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.

Any proceeding under §§ 22-19A-8 to 22-19A-16 , inclusive, is in addition to other civil or criminal remedies.

Source: SL 1997, ch 131, § 9; SL 2004, ch 150, § 1; SL 2015, ch 128, § 1; SL 2020, ch 76, § 2; SL 2021, ch 90, § 2.
S.D. Codified Laws § 22-24B-15 — SD Code / Title 22 / Chapter 24B / Section 22-24B-15
Registration records and lists as public records--Confidentiality of victim identifying information
Status: in_force

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.

Source: SL 1995, ch 123, § 5; SDCL, § 22-22-40; SL 2005, ch 120, §§ 415, 419.
S.D. Codified Laws § 22-32-20 — SD Code / Title 22 / Chapter 32 / Section 22-32-20
Criminal entry of a motor vehicle--Misdemeanor
Status: in_force

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.

Source: SL 2005, ch 120, § 113.
S.D. Codified Laws § 22-30-7 — SD Code / Title 22 / Chapter 30 / Section 22-30-7
Felony classes of robbery
Status: in_force

Robbery in the first degree is a Class 2 felony. Robbery in the second degree is a Class 4 felony.

Source: SDC 1939, § 13.2603; SL 1976, ch 158, § 30-4 .
S.D. Codified Laws § 22-29-14 — SD Code / Title 22 / Chapter 29 / Section 22-29-14
Unsuccessful attempt to obtain assistance as misdemeanor
Status: in_force

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.

Source: SL 1977, ch 225, § 5; SL 2005, ch 120, § 44.
S.D. Codified Laws § 22-14A-5 — SD Code / Title 22 / Chapter 14A / Section 22-14A-5
Carrying or placing explosive or device on vehicle or in baggage--Felony
Status: in_force

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;

Source: SL 1972, ch 140, § 3; SL 1976, ch 158, § 14A-2; SL 2005, ch 120, § 271.
S.D. Codified Laws § 22-24A-1 — SD Code / Title 22 / Chapter 24A / Section 22-24A-1
Sale of child pornography--Felony
Status: in_force

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 4 felony.

Source: SL 1978, ch 159, § 4; SL 2002, ch 109, § 4; SDCL § 22-22-24 ; SL 2005, ch 120, § 407; SL 2016, ch 124, § 1.
S.D. Codified Laws § 22-19A-3 — SD Code / Title 22 / Chapter 19A / Section 22-19A-3
Stalking--Subsequent convictions--Violation as felony
Status: in_force

A person who has 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. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of § 22-19A-1 , 22-19A-2 , or 22-19A-7 and involving an act of violence, or a credible threat of violence, and occurring within seven years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a second or subsequent offense.

Source: SL 1992, ch 162, § 3; SL 1993, ch 176, § 3; SL 2020, ch 83, § 2.
S.D. Codified Laws § 22-11-25 — SD Code / Title 22 / Chapter 11 / Section 22-11-25
Unlawful retention of public record--Misdemeanor
Status: in_force

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.

Source: SL 1976, ch 158, § 11-20; SL 2005, ch 120, § 221.
S.D. Codified Laws § 22-42-6 — SD Code / Title 22 / Chapter 42 / Section 22-42-6
Possession of marijuana prohibited--Degrees according to amount
Status: in_force

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.

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.
S.D. Codified Laws § 22-11-32 — SD Code / Title 22 / Chapter 11 / Section 22-11-32
Harass defined--Course of conduct defined
Status: in_force

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.

Source: SL 1997, ch 45, § 11; SL 2005, ch 120, § 229.
S.D. Codified Laws § 22-44-2.1 — SD Code / Title 22 / Chapter 44 / Section 22-44-2.1
Manufacture, sale, or distribution of equipment for receiving service without payment as misdemeanor
Status: in_force

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.

Source: SL 1990, ch 169, § 2.
S.D. Codified Laws § 22-14-15 — SD Code / Title 22 / Chapter 14 / Section 22-14-15
Possession of firearm by one with prior violent crime conviction or certain drug-related conviction--Felony--Fifteen-year period
Status: in_force

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.

Source: SL 1976, ch 158, § 14-9; SL 1977, ch 189, § 34; SL 1998, ch 130, § 1; SL 2005, ch 120, § 255.
S.D. Codified Laws § 22-11-28.1 — SD Code / Title 22 / Chapter 11 / Section 22-11-28.1
Offering false or forged instrument for filing, registering, or recording--Felony
Status: in_force

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.

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.
S.D. Codified Laws § 22-40-8 — SD Code / Title 22 / Chapter 40 / Section 22-40-8
Identity theft--Felony
Status: in_force

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;

Source: SL 2000, ch 107, § 1; SDCL, § 22-30A-3.1 ; SL 2005, ch 120, §§ 80, 83.
S.D. Codified Laws § 22-12A-15 — SD Code / Title 22 / Chapter 12A / Section 22-12A-15
Offer of forged or fraudulent evidence--Felony
Status: in_force

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.

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.
S.D. Codified Laws § 22-18-3 — SD Code / Title 22 / Chapter 18 / Section 22-18-3
Lawful force in arrest and delivery of felon
Status: in_force

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.

Source: SDC 1939, § 13.2402 (2); SL 2005, ch 120, § 7.
S.D. Codified Laws § 22-24A-3.1 — SD Code / Title 22 / Chapter 24A / Section 22-24A-3.1
Purchasing or possessing child-like sex doll--Misdemeanor or felony
Status: in_force

It is a Class 1 misdemeanor for any person to knowingly purchase or possess a child-like sex doll.

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 6 felony.

Source: SL 2021, ch 98, § 3.
S.D. Codified Laws § 22-42-15 — SD Code / Title 22 / Chapter 42 / Section 22-42-15
Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation
Status: in_force

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.

Source: SL 1981, ch 182, § 1; SL 1982, ch 180; SL 2001, ch 117, § 1.
S.D. Codified Laws § 22-24B-10 — SD Code / Title 22 / Chapter 24B / Section 22-24B-10
Registration forwarded to Division of Criminal Investigation--Files open to public--Exceptions
Status: in_force

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.

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.
S.D. Codified Laws § 22-29-6 — SD Code / Title 22 / Chapter 29 / Section 22-29-6
Subornation of perjury--Violation--Punishment
Status: in_force

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.

Source: SDC 1939, § 13.1237; SL 1976, ch 158, § 29-3 ; SL 2005, ch 120, § 35.
S.D. Codified Laws § 22-32-3 — SD Code / Title 22 / Chapter 32 / Section 22-32-3
Second degree burglary--Felony
Status: in_force

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.

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.
S.D. Codified Laws § 22-18-26.1 — SD Code / Title 22 / Chapter 18 / Section 22-18-26.1
Intentionally causing contact with bodily fluids or human waste--Assault upon any other person--Misdemeanor
Status: in_force

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.

Source: SL 2002, ch 107, § 1; SL 2003, ch 124, § 1; SL 2005, ch 120, § 12.
S.D. Codified Laws § 22-22A-8 — SD Code / Title 22 / Chapter 22A / Section 22-22A-8
Fraudulent assisted reproduction--Civil action--Statute of limitations
Status: in_force

Notwithstanding any other provision of law, an individual shall commence a civil action pursuant to § 22-22A-7 no later than five years after:

(1) The eighteenth birthday of the child born as a result of the assisted reproduction procedure; or

(2) The earliest of the dates on which:

(a) The individual first discovers evidence sufficient to bring an action against the licensed health care provider through deoxyribonucleic acid analysis;

(b) The individual first becomes aware of the existence of a record that provides evidence sufficient to bring an action against the licensed health care provider; or

(c) The licensed health care provider admits to the facts giving rise to the action.

Source: SL 2026, ch 106, § 4.
S.D. Codified Laws § 22-10-5 — SD Code / Title 22 / Chapter 10 / Section 22-10-5
Aggravated riot as felony
Status: in_force

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

Source: SDC 1939, § 13.1404 (3); SL 1976, ch 158, § 10-2 .
S.D. Codified Laws § 22-32-8 — SD Code / Title 22 / Chapter 32 / Section 22-32-8
Third degree burglary--Felony
Status: in_force

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 5 felony.

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; SL 2013, ch 101, § 62.
S.D. Codified Laws § 22-7-8 — SD Code / Title 22 / Chapter 7 / Section 22-7-8
Three or more additional felony convictions including one or more crimes of violence--Enhancement of sentence
Status: in_force

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.

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.
S.D. Codified Laws § 22-30A-37 — SD Code / Title 22 / Chapter 30A / Section 22-30A-37
Circumstances under which maker, drawer, or issuer not criminally or civilly liable for damages and costs
Status: in_force

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.

Source: SL 2005, ch 120, § 445.
S.D. Codified Laws § 22-17-5.3 — SD Code / Title 22 / Chapter 17 / Section 22-17-5.3
Dispense or advertise abortion-inducing article--Criminal penalty
Status: in_force

No person may knowingly dispense, distribute, sell, or advertise any of the following for purposes of an unlawful abortion pursuant to § 22-17-5.1 :

(1) An article or thing designed, adapted, or intended for producing an abortion; or

(2) An article, instrument, substance, drug, medicine, or thing that is advertised or described in a manner calculated to lead another to use or apply it for producing an abortion.

A violation of this section is a Class 6 felony.

Source: SL 2026, ch 100, § 2.
S.D. Codified Laws § 22-30A-19.4 — SD Code / Title 22 / Chapter 30A / Section 22-30A-19.4
Failure to pay liability for theft--Penalty doubled
Status: in_force

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.

Source: SL 1989, ch 199, § 4; SL 1997, ch 138, § 2; SL 2005, ch 120, § 75.
S.D. Codified Laws § 22-18-1.1 — SD Code / Title 22 / Chapter 18 / Section 22-18-1.1
Aggravated assault--Penalty
Status: in_force

No person may:

(1) Cause or attempt to cause serious bodily injury to another under circumstances manifesting extreme indifference to the value of human life;

(2) Attempt to cause, or knowingly cause, bodily injury to another with a dangerous weapon;

(3) Assault another with intent to commit bodily injury, which results in serious bodily injury;

(4) Attempt by physical menace with a deadly weapon or a physical object realistically simulating a deadly weapon to put another in fear of imminent serious bodily harm; or

(5) Attempt 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.

A person who violates this section is guilty of aggravated assault. Aggravated assault is a Class 3 felony.

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; SL 2026, ch 101, § 1.
S.D. Codified Laws § 22-14-16 — SD Code / Title 22 / Chapter 14 / Section 22-14-16
Providing firearm to person with known prior violent crime conviction--Felony
Status: in_force

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.

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.
S.D. Codified Laws § 22-30A-19.2 — SD Code / Title 22 / Chapter 30A / Section 22-30A-19.2
Detention of suspected shoplifter--Reasonableness--Grounds
Status: in_force

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.

Source: SL 1989, ch 199, § 2; SL 2005, ch 120, § 73.
S.D. Codified Laws § 22-39-36 — SD Code / Title 22 / Chapter 39 / Section 22-39-36
Forgery--Felony
Status: in_force

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.

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.
S.D. Codified Laws § 22-25-14 — SD Code / Title 22 / Chapter 25 / Section 22-25-14
Slot machine and premises public nuisance--Manufacture not prohibited
Status: in_force

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.

Source: SDC 1939, § 24.0205; SL 1989, ch 197, § 2.
S.D. Codified Laws § 22-22-26.6 — SD Code / Title 22 / Chapter 22 / Section 22-22-26.6
Forensic medical examination--Requirements to administer--Exception
Status: in_force

A forensic medical examination may be administered only by a:

(1) Physician licensed in accordance with chapter 36-4 ;

(2) Physician assistant licensed in accordance with chapter 36-4A ;

(3) Nurse practitioner licensed in accordance with chapter 36-9A ; or

(4) Sexual assault nurse examiner.

Except as otherwise provided in this section, a hospital or clinic that provides forensic medical examinations shall ensure that the physician, physician assistant, or nurse practitioner who administers the examination has completed appropriate training, as determined by the hospital or clinic, to conduct the examination.

A physician, physician assistant, or nurse practitioner may administer a forensic medical examination without completing any additional training, if a sexual assault nurse examiner, or a physician, physician assistant, or nurse practitioner, who has completed appropriate training as determined by the hospital or clinic, utilizes telehealth to observe and advise the on-site provider regarding the administration of the examination.

Source: SL 2026, ch 105, § 6.
S.D. Codified Laws § 22-11A-2 — SD Code / Title 22 / Chapter 11A / Section 22-11A-2
First degree escape--Felony
Status: in_force

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.

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.
S.D. Codified Laws § 22-46-8 — SD Code / Title 22 / Chapter 46 / Section 22-46-8
Immunity from liability for reporting abuse, neglect, or exploitation
Status: in_force

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.

Source: SL 2007, ch 147, § 7.
S.D. Codified Laws § 22-19A-10.1 — SD Code / Title 22 / Chapter 19A / Section 22-19A-10.1
Petition for protection order--Dismissal without hearing--Sealing of court file
Status: in_force

If the court dismisses a petition filed pursuant to § 22-19A-8 without a hearing pursuant to § 22-19A-10 , the clerk of court must immediately seal the petition and any supporting documents in the case.

Source: SL 2026, ch 102, § 1.
S.D. Codified Laws § 22-4-3 — SD Code / Title 22 / Chapter 4 / Section 22-4-3
Attempted first degree murder of a law enforcement officer
Status: in_force

Notwithstanding § 22-4-1 , attempted first degree murder, as defined by § 22-16-4 , if committed against a law enforcement officer while the officer was engaged in the performance of the officer's duties, is a Class 1 felony.

Source: SL 2023, ch 67, § 2.
S.D. Codified Laws § 22-11-29 — SD Code / Title 22 / Chapter 11 / Section 22-11-29
Offers defined--Counterfeit lien defined
Status: in_force

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.

Source: SL 1997, ch 45, § 8; SL 2005, ch 120, § 227.
S.D. Codified Laws § 22-19A-2 — SD Code / Title 22 / Chapter 19A / Section 22-19A-2
Violation of restraining order, injunction, protection order, or no contact order as felony
Status: in_force

Any person who violates § 22-19A-1 when there is a temporary restraining order, or an injunction, or a protection order, or a no contact order issued pursuant to § 25-10-23 or 25-10-25 in effect prohibiting the behavior described in § 22-19A-1 against the same party, is guilty of a Class 6 felony.

Source: SL 1992, ch 162, § 2; SL 1993, ch 176, § 2; SL 1994, ch 164; SL 2013, ch 120, § 2.
S.D. Codified Laws § 22-29-1 — SD Code / Title 22 / Chapter 29 / Section 22-29-1
Perjury--Violation
Status: in_force

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.

Source: SDC 1939, § 13.1237; SL 1976, ch 158, § 29-1 ; SL 2002, ch 113, § 1; SL 2005, ch 120, § 30.
S.D. Codified Laws § 22-25-42 — SD Code / Title 22 / Chapter 25 / Section 22-25-42
Separate statement of rebates and discounts
Status: in_force

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.

Source: SL 1988, ch 188, § 14.
S.D. Codified Laws § 22-49-1 — SD Code / Title 22 / Chapter 49 / Section 22-49-1
Prohibited conduct generally
Status: in_force

No person may knowingly recruit, entice, harbor, transport, provide, receive, purchase, advertise, maintain, solicit, or obtain, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in a commercial sex act, forced labor, or involuntary servitude.

No person may benefit financially, or by receiving anything of value, from participation in a venture that has engaged in acts set forth in this section, or knowingly or in reckless disregard of the fact that the venture has engaged in acts set forth in this section.

Any violation of this section constitutes the crime of human trafficking.

If the victim is under eighteen years of age, the crime of human trafficking need not involve force, fraud, or coercion.

For purposes of this section and §§ 22-49-2 and 22-49-3 , the term "coercion" may include:

(1) Threats of serious harm to or physical restraint against any person;

(2) The use of a plan, statement, or pattern of behavior, with the intent of causing a person to believe that failure to perform an act will result in serious harm to, or the use of physical force or violence against, the person, or will result in the restraint, isolation, confinement, or abduction of any person;

(3) Inducing a person to engage in a commercial sex act, forced labor, or involuntary servitude as payment toward, or in satisfaction of, a real or purported debt;

(4) The use of a person's physical or mental impairment, if that impairment has a substantial adverse effect on the person's cognitive or volitional function; or

(5) The abuse or threatened abuse of law or legal process, whether administrative, civil, or criminal, in any manner or for any purpose for which the law is not designed, to exert pressure on another person to cause that person to take some action or refrain from taking some action.

Source: SL 2011, ch 120, § 1; SL 2016, ch 129, § 1; SL 2017, ch 99, § 1; SL 2019, ch 111, § 1; SL 2020, ch 89, § 1; SL 2025, ch 99, § 1.
S.D. Codified Laws § 22-25-35 — SD Code / Title 22 / Chapter 25 / Section 22-25-35
Distributors, manufacturers, and persons with interest therein not to lease premises to organizations conducting bingo or lotteries
Status: in_force

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.

Source: SL 1988, ch 188, § 7.
S.D. Codified Laws § 22-24-64 — SD Code / Title 22 / Chapter 24 / Section 22-24-64
Persons who may bring actions for damages
Status: in_force

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.

Source: SL 2002, ch 112, § 5; SL 2005, ch 120, § 315.
S.D. Codified Laws § 22-24B-7 — SD Code / Title 22 / Chapter 24B / Section 22-24B-7
Registration every six months--Violation as felony
Status: in_force

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.

Source: SL 2003, ch 126, § 1; SDCL, § 22-22-31.4; SL 2005, ch 120, § 415; SL 2006, ch 123, § 6.
S.D. Codified Laws § 22-19A-8.1 — SD Code / Title 22 / Chapter 19A / Section 22-19A-8.1
Petition for protection order in which allegations support domestic abuse rather than stalking or physical injury
Status: in_force

If a petition for a protection order alleging the existence of stalking or physical injury is filed with the court pursuant to § 22-19A-8 and, if the court, upon an initial review, determines that the allegations do not support the existence of stalking or physical injury, but that the allegations do support the existence of domestic abuse pursuant to § 25-10-3 , the court, in its discretion, may hear and act upon the petition as though the petition had been filed under § 25-10-3 and subject to the provisions of chapter 25-10 .

Source: SL 2014, ch 126, § 2.
S.D. Codified Laws § 22-21-1 — SD Code / Title 22 / Chapter 21 / Section 22-21-1
Eavesdropping--Privacy--Misdemeanor
Status: in_force

No person may, except as authorized by law:

(1) Trespass on property with intent to subject anyone to eavesdropping or other surveillance in a private place; or

(2) Install 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.

A person who violates this section is guilty of a Class 1 misdemeanor. Subdivision (2) does not apply to law enforcement officers, or to those acting under the direction of a law enforcement officer, while engaged in the performance of the officer's lawful duties.

Source: SDC 1939, § 13.1425; SL 1976, ch 158, § 21-1 ; SL 1977, ch 189, § 49; SL 2017, ch 202, § 5; SL 2020, ch 84, § 1; SL 2021, ch 95, § 1.
S.D. Codified Laws § 22-30A-8.1 — SD Code / Title 22 / Chapter 30A / Section 22-30A-8.1
Obtaining property or services with false debit or credit card
Status: in_force

Any person who, by use of a debit card or credit card issued to another person, without the consent of the person to whom issued, or by use of a debit card or credit card which has been revoked or canceled or has expired, or by use of a falsified, mutilated, altered, or counterfeit debit card or credit card obtains property or services, is guilty of theft.

Source: SL 1977, ch 189, § 59; SL 2005, ch 120, § 57; SL 2014, ch 191, § 5.
S.D. Codified Laws § 22-11-19 — SD Code / Title 22 / Chapter 11 / Section 22-11-19
Tampering with a witness--Felony
Status: in_force

Any person who injures or threatens to injure any person or property; who offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding; or who corruptly persuades or corruptly influences another person 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.

For the purposes of this section, the term, corruptly, means wrongful or immoral and done with an intent to impede the administration of justice.

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; SL 2023, ch 68, § 1.
S.D. Codified Laws § 22-33-9.1 — SD Code / Title 22 / Chapter 33 / Section 22-33-9.1
First degree arson--Felony
Status: in_force

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.

Source: SL 2005, ch 120, § 86.
S.D. Codified Laws § 22-22-7.2 — SD Code / Title 22 / Chapter 22 / Section 22-22-7.2
Sexual contact with person incapable of consenting--Felony
Status: in_force

Any person, fifteen years of age or older, who knowingly engages in sexual contact with another person 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.

Source: SL 1985, ch 182; SL 2005, ch 120, § 396; SL 2013, ch 106, § 1.
S.D. Codified Laws § 22-25A-11 — SD Code / Title 22 / Chapter 25A / Section 22-25A-11
Prosecution of violations
Status: in_force

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.

Source: SL 2000, ch 106, § 11.
S.D. Codified Laws § 22-29-12 — SD Code / Title 22 / Chapter 29 / Section 22-29-12
Failure to report changed circumstances affecting eligibility for assistance
Status: in_force

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.

Source: SL 1977, ch 225, § 2; SL 2005, ch 120, § 42.
S.D. Codified Laws § 22-40-17 — SD Code / Title 22 / Chapter 40 / Section 22-40-17
Impersonating a judicial official--Misdemeanor
Status: in_force

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.

Source: SL 1997, ch 45, § 13; SDCL, § 22-11-34 ; SL 2005, ch 120, §§ 230, 231.
S.D. Codified Laws § 22-8-12 — SD Code / Title 22 / Chapter 8 / Section 22-8-12
Act of terrorism--Felony
Status: in_force

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;

Source: SL 2002, ch 103, § 1; SL 2005, ch 120, § 188.
S.D. Codified Laws § 22-29-18 — SD Code / Title 22 / Chapter 29 / Section 22-29-18
Sufficiency of evidence for conviction
Status: in_force

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.

Source: SL 1984, ch 169; SL 2005, ch 120, § 48.
S.D. Codified Laws § 22-3-1.1 — SD Code / Title 22 / Chapter 3 / Section 22-3-1.1
Voluntary consumption of alcohol or controlled substance not causing insanity
Status: in_force

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.

Source: SL 1983, ch 174, § 4; SL 2005, ch 120, § 371.
S.D. Codified Laws § 22-12A-6 — SD Code / Title 22 / Chapter 12A / Section 22-12A-6
Bribery of public officer--Felony
Status: in_force

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.

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.
S.D. Codified Laws § 22-42-16 — SD Code / Title 22 / Chapter 42 / Section 22-42-16
Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony
Status: in_force

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.

Source: SL 1981, ch 183; SL 1982, ch 181; SL 1982, ch 182; SL 1998, ch 139, § 5.
S.D. Codified Laws § 22-24-60 — SD Code / Title 22 / Chapter 24 / Section 22-24-60
Prepaid adult entertainment card defined
Status: in_force

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.

Source: SL 2002, ch 112, § 1.
S.D. Codified Laws § 22-24-69 — SD Code / Title 22 / Chapter 24 / Section 22-24-69
Online covered platform--Required age verification--Penalty
Status: in_force

A covered platform must implement reasonable age verification on the platform to verify the age of any individual who attempts to access material that is harmful to minors on the platform and prevent a minor's access to that material.

A violation of this section is a Class 1 misdemeanor. A subsequent violation of this section by the same covered platform is a Class 6 felony.

Source: SL 2025, ch 95, § 4.
S.D. Codified Laws § 22-19A-4 — SD Code / Title 22 / Chapter 19A / Section 22-19A-4
Harasses defined
Status: in_force

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.

Source: SL 1992, ch 162, § 4; SL 1993, ch 176, § 4.
S.D. Codified Laws § 22-18-26.2 — SD Code / Title 22 / Chapter 18 / Section 22-18-26.2
Intentionally causing contact with bodily fluids or human waste--Unified Judicial System employee--Felony
Status: in_force

Any person under probationary supervision of the Unified Judicial System who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a Unified Judicial System employee during the performance of the employee's duties is guilty of a Class 6 felony.

Source: SL 2024, ch 84, § 1.
S.D. Codified Laws § 22-11A-2.1 — SD Code / Title 22 / Chapter 11A / Section 22-11A-2.1
Second degree escape--Felony
Status: in_force

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.

Source: SL 2005, ch 120, § 319; SL 2009, ch 113, § 3.
S.D. Codified Laws § 22-25-28 — SD Code / Title 22 / Chapter 25 / Section 22-25-28
Distributor defined--Exemption for rental of noncommercial use
Status: in_force

For the purpose of this chapter, 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, excluding any person who rents bingo equipment to another for noncommercial recreational use. 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.

Source: SL 1988, ch 188, § 1; SL 1991, ch 193; SL 2022, ch 66, § 2.
S.D. Codified Laws § 22-42-4.1 — SD Code / Title 22 / Chapter 42 / Section 22-42-4.1
Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony
Status: in_force

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.

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.
S.D. Codified Laws § 22-44-1 — SD Code / Title 22 / Chapter 44 / Section 22-44-1
Obstruction of community antenna television system transmissions as misdemeanor
Status: in_force

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.

Source: SL 1984, ch 173, § 1.
S.D. Codified Laws § 22-25A-4 — SD Code / Title 22 / Chapter 25A / Section 22-25A-4
Interactive computer service defined
Status: in_force

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.

Source: SL 2000, ch 106, § 4.
S.D. Codified Laws § 22-40-10 — SD Code / Title 22 / Chapter 40 / Section 22-40-10
Physical presence in county not necessary to commission of identity theft
Status: in_force

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.

Source: SL 2000, ch 107, § 3; SDCL, § 22-30A-3.3; SL 2005, ch 120, §§ 82, 83.
S.D. Codified Laws § 22-11-6 — SD Code / Title 22 / Chapter 11 / Section 22-11-6
Obstructing law enforcement officer, firefighter, or emergency management personnel--Misdemeanor
Status: in_force

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.

Source: SL 1976, ch 158, § 11-3 ; SL 2005, ch 120, § 196.
S.D. Codified Laws § 22-1-6 — SD Code / Title 22 / Chapter 1 / Section 22-1-6
Performance of required act by another
Status: in_force

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.

Source: SDC 1939, § 13.0106; SL 1976, ch 158, § 1-4 ; SL 2005, ch 120, § 360.
S.D. Codified Laws § 22-22-1.5 — SD Code / Title 22 / Chapter 22 / Section 22-22-1.5
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Consent," a person's positive cooperation in act or attitude pursuant to the person's exercise of free will;

(2) "Force," the use of physical effort sufficient to overcome, restrain, injure, or prevent escape;

(3) "Mental incapacity," a mental or developmental disease or disability that renders a person incapable of appraising the nature of the person's conduct; and

(4) "Physical incapacity," a person's incapability of resisting because the person is unconscious, asleep, or is subject to another physical condition that prevents the person from giving consent or resisting.

Source: SL 2023, ch 71, § 1.
S.D. Codified Laws § 22-19A-11 — SD Code / Title 22 / Chapter 19A / Section 22-19A-11
Relief granted by protection order
Status: in_force

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.

Source: SL 1997, ch 131, § 4; SL 2000, ch 101, § 3; SL 2007, ch 161, § 2.
S.D. Codified Laws § 22-16-31 — SD Code / Title 22 / Chapter 16 / Section 22-16-31
Excusable homicide--Heat of passion--Provocation--Sudden combat--Limitations
Status: in_force

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.

Source: SDC 1939, § 13.2002 (2); SL 2005, ch 120, § 162.
S.D. Codified Laws § 22-24B-21 — SD Code / Title 22 / Chapter 24B / Section 22-24B-21
Internet site with sex offender registration information--Division and registering agency not liable for good faith conduct
Status: in_force

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 .

Source: SL 2006, ch 124, § 1; SL 2011, ch 117, § 2.
S.D. Codified Laws § 22-30A-38 — SD Code / Title 22 / Chapter 30A / Section 22-30A-38
Combination of instruments--Court
Status: in_force

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.

Source: SL 2005, ch 120, § 446.
S.D. Codified Laws § 22-24B-19.3 — SD Code / Title 22 / Chapter 24B / Section 22-24B-19.3
Recidivist sex offender defined
Status: in_force

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.

Source: SL 2010, ch 119, § 4.
S.D. Codified Laws § 22-14-23 — SD Code / Title 22 / Chapter 14 / Section 22-14-23
Possession in county courthouse or state capitol--Misdemeanor
Status: in_force

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 in the state capitol, or attempts to do so, is guilty of a Class 1 misdemeanor.

Source: SL 1993, ch 173, § 2; SL 2005, ch 120, § 262; SL 2019, ch 106, § 2.
S.D. Codified Laws § 22-24A-38 — SD Code / Title 22 / Chapter 24A / Section 22-24A-38
Convictions in other states considered
Status: in_force

Any conviction for, or plea of guilty to, an offense in another state that, if committed in this state, would be a violation of §§ 22-24A-35 to 22-24A-37 , inclusive, must be used to determine if the violation being charged is a second or subsequent offense.

Source: SL 2024, ch 87, § 5.
S.D. Codified Laws § 22-30A-44 — SD Code / Title 22 / Chapter 30A / Section 22-30A-44
Criminal action prohibited if retailer receives payment or court award
Status: in_force

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.

Source: SL 2005, ch 121, § 5.
S.D. Codified Laws § 22-6-11 — SD Code / Title 22 / Chapter 6 / Section 22-6-11
Presumptive sentence of probation or fully suspended state correctional facility sentence--Departure for aggravating circumstances
Status: in_force

The sentencing court shall sentence an offender convicted of a Class 5 or Class 6 felony, except those convicted under §§ 22-11A-2.1 , 22-14-15 , 22-18-1 , 22-18-1.05 , 22-18-26 , 22-18-29 , 22-19A-1 , 22-19A-2 , 22-19A-3 , 22-19A-7 , 22-19A-16 , 22-22A-2 , 22-22A-4 , 22-22-24.3 , subdivision 22-23-2 (2), 22-24-1.2 , 22-24B-2 , 22-24B-12 , 22-24B-12.1 , 22-24B-23 , 22-30A-17 if the property stolen is a firearm, 22-30A-46 , 22-42-7 , subdivision 24-2-14 (1), 32-23-4.6 , 32-34-5 , and any person ineligible for probation under § 23A-27-12 , to a term of probation. If the offender is under the supervision of the Department of Corrections, the court must order a fully suspended state incarceration sentence pursuant to § 23A-27-18.4 . The sentencing court may impose a sentence other than probation or a fully suspended state incarceration sentence if the court finds aggravating circumstances exist that pose a significant risk to the public and require a departure from presumptive probation under this section. If a departure is made, the judge must state the aggravating circumstances on the record at the time of sentencing and in the dispositional order. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest.

Source: SL 2013, ch 101, § 53; SL 2016, ch 137, § 4; SL 2017, ch 95, § 1; SL 2017, ch 98, § 4; SL 2023, ch 82, § 11; SL 2024, ch 80, § 1; SL 2024, ch 81, § 1; SL 2024, ch 87, § 10.
S.D. Codified Laws § 22-45-7 — SD Code / Title 22 / Chapter 45 / Section 22-45-7
Liability for receipt of payment by person not entitled thereto
Status: in_force

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.

Source: SL 1986, ch 187, § 7.
S.D. Codified Laws § 22-43-2 — SD Code / Title 22 / Chapter 43 / Section 22-43-2
Receiving a commercial bribe--Misdemeanor
Status: in_force

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.

Source: SL 1980, ch 173, § 7; SL 2005, ch 120, § 297.
S.D. Codified Laws § 22-42-2.4 — SD Code / Title 22 / Chapter 42 / Section 22-42-2.4
Conspiracy to commit violation of §22-42-2--Punishment same as provided under that section
Status: in_force

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 .

Source: SL 1989, ch 202.
S.D. Codified Laws § 22-2-4 — SD Code / Title 22 / Chapter 2 / Section 22-2-4
Acts punishable by military authorities
Status: in_force

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.

Source: SDC 1939, § 13.0112.
S.D. Codified Laws § 22-12A-9 — SD Code / Title 22 / Chapter 12A / Section 22-12A-9
Solicitation of compensation for omission of official duty
Status: in_force

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.

Source: SDC 1939, § 13.1112; SDCL, § 3-15-10; SL 1976, ch 158, § 12A-9.
S.D. Codified Laws § 22-30A-13 — SD Code / Title 22 / Chapter 30A / Section 22-30A-13
Theft by conversion of rented personalty after notice of termination
Status: in_force

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.

Source: SL 1976, ch 158, §§ 30A-19, 30A-20; SL 1981, ch 178; SL 2005, ch 120, § 63.
S.D. Codified Laws § 22-22A-7 — SD Code / Title 22 / Chapter 22A / Section 22-22A-7
Fraudulent assisted reproduction--Civil action--Parties--Separate causes of action--Damages and costs--Attorney’s fees--Relation to criminal action
Status: in_force

The following individuals may bring a civil action against a licensed health care provider for performing an assisted reproduction procedure in violation of § 22-22A-6 :

(1) The patient who gives birth to a child as a result of the assisted reproduction procedure;

(2) The surviving spouse of the patient under subdivision (1);

(3) The intended parent of a child born as a result of the assisted reproduction procedure;

(4) A child born as a result of the assisted reproduction procedure in violation of § 22-22A-6 ; and

(5) The donor whose reproductive material was used without the donor's consent or in a manner inconsistent with the donor's consent.

An individual who brings any action under subdivisions (1) to (4) of this section has a separate cause of action for each child born as a result of the assisted reproduction procedure. An individual who brings an action under subdivision (5) of this section has a separate cause of action for each patient who received an assisted reproduction procedure using the donor's reproductive material.

An individual who prevails in an action under this section is entitled to liquidated damages of ten thousand dollars, compensatory and punitive damages, and reasonable attorney's fees. An individual who prevails in any action brought pursuant to subdivisions (1) to (4) of this section is also entitled to all costs associated with the assisted reproduction procedure.

An action may be maintained under this section whether or not the licensed health care provider alleged to have violated § 22-22A-6 is charged or convicted of the alleged crime.

Source: SL 2026, ch 106, § 3.
S.D. Codified Laws § 22-16-12 — SD Code / Title 22 / Chapter 16 / Section 22-16-12
Classification of murder
Status: in_force

Murder in the first degree is a Class A felony. Murder in the second degree is a Class B felony.

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.
S.D. Codified Laws § 22-1-1 — SD Code / Title 22 / Chapter 1 / Section 22-1-1
Common-law rule of strict construction abrogated
Status: in_force

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.

Source: SDC 1939, § 13.0101; SL 1977, ch 189, § 1; SL 2005, ch 120, § 356.
S.D. Codified Laws § 22-19A-12.1 — SD Code / Title 22 / Chapter 19A / Section 22-19A-12.1
Temporary order effective until protection order served
Status: in_force

If an ex parte temporary protection order is in effect and a judge issues a protection order pursuant to § 22-19A-8 , the ex parte temporary protection order remains effective until the order issued pursuant to § 22-19A-8 is served on the respondent.

Source: SL 2024, ch 85, § 1.
S.D. Codified Laws § 22-19-1 — SD Code / Title 22 / Chapter 19 / Section 22-19-1
Kidnapping--Aggravated kidnapping in the first degree--Class of felony
Status: in_force

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;

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.
S.D. Codified Laws § 22-22-7.1 — SD Code / Title 22 / Chapter 22 / Section 22-22-7.1
Sexual contact defined--Exception when within the scope of medical practice
Status: in_force

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.

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.
S.D. Codified Laws § 22-17-5.4 — SD Code / Title 22 / Chapter 17 / Section 22-17-5.4
Dispense or advertise abortion-inducing article--Civil penalty--Attorney’s fees and costs
Status: in_force

The attorney general may recover a civil penalty against a person for violating § 22-17-5.3 . The amount of the civil penalty may not exceed ten thousand dollars for each violation. The clerk of court shall forward any civil penalty collected under this section to the state treasurer, for deposit in the life protection subfund, as established within the extraordinary litigation fund pursuant to § 1-33-8.11 .

The attorney general may recover attorney fees, costs, and any other award the court determines is appropriate.

Source: SL 2026, ch 100, § 3.
S.D. Codified Laws § 22-6-1.1 — SD Code / Title 22 / Chapter 6 / Section 22-6-1.1
Sentence to jail in lieu of penitentiary in minor felonies
Status: in_force

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.

Source: SDC 1939, § 13.0604; SL 1963, ch 55; SDCL, § 23-48-20; SL 1978, ch 185, § 16; SL 1989, ch 192, § 1.
S.D. Codified Laws § 22-46-16 — SD Code / Title 22 / Chapter 46 / Section 22-46-16
Effect of revocation of provision of instrument
Status: in_force

If the court imposes a revocation pursuant to subdivision 22-46-14(1), provisions of the governing instrument shall be given effect as if the perpetrator disclaimed all provisions revoked by the court or, in the case of a revocation of a nomination in a fiduciary or representative capacity, the perpetrator predeceased the decedent.

Source: SL 2016, ch 120, § 31.
S.D. Codified Laws § 22-40-24 — SD Code / Title 22 / Chapter 40 / Section 22-40-24
Notice to consumer reporting agencies
Status: in_force

If an information holder discovers circumstances that require notification pursuant to § 22-40-20 the information holder shall also notify, without unreasonable delay, all consumer reporting agencies, as defined under 15 U.S.C. § 1681a in effect as of January 1, 2018, and any other credit bureau or agency that compiles and maintains files on consumers on a nationwide basis, of the timing, distribution, and content of the notice.

Source: SL 2018, ch 135, § 6.
S.D. Codified Laws § 22-16-37 — SD Code / Title 22 / Chapter 16 / Section 22-16-37
Aiding and abetting suicide--Felony
Status: in_force

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.

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.
S.D. Codified Laws § 22-40-1 — SD Code / Title 22 / Chapter 40 / Section 22-40-1
Impersonation with intent to deceive law enforcement officer--Misdemeanor
Status: in_force

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.

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.
S.D. Codified Laws § 22-11-4 — SD Code / Title 22 / Chapter 11 / Section 22-11-4
Resisting arrest--Misdemeanor
Status: in_force

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;

Source: SL 1976, ch 158, § 11-2 ; SL 2005, ch 120, § 194.
S.D. Codified Laws § 22-35-8 — SD Code / Title 22 / Chapter 35 / Section 22-35-8
Defiance of emergency management order restricting area--Misdemeanor
Status: in_force

If a person defies an order issued pursuant to chapter 34-48A not to enter an area defined in that chapter and a notice not to enter is posted, the person is guilty of criminal trespass. A violation of this section is a Class 1 misdemeanor.

Source: SL 2017, ch 42, § 5, eff. Mar. 13, 2017.