S.D. Codified Laws § 22-14A-23 — SD Code / Title 22 / Chapter 14A / Section 22-14A-23
Use of or placing hazardous or injurious devices on public land--Misdemeanor--Hazardous or injurious device defined
Status: in_force

No person may, with the intent to cause bodily injury to another person, use or place a hazardous or injurious device on any land owned or leased by the State of South Dakota, including any highway, road, or right-of-way. A violation of this section is a Class 1 misdemeanor.

For the purposes of this section, the term, a hazardous or injurious device, means any device, which when assembled or placed, is capable of causing bodily injury, or damage to property, by the action of any person making contact with such device subsequent to the assembly or placement. The term includes guns attached to trip wires or other triggering mechanisms, ammunition attached to trip wires or other triggering mechanisms, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, lines or wires, lines or wires with hooks attached, nails, or other such devices placed so that the sharpened ends are positioned in an upright manner, or tree spiking devices including spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber, whether or not severed from the stump. However, the term does not include puncture strips placed by law enforcement officers in an immediate attempt to stop a fleeing vehicle.

Source: SL 2000, ch 96, §§ 1, 2; SL 2005, ch 120, § 280.
S.D. Codified Laws § 22-22-1.3 — SD Code / Title 22 / Chapter 22 / Section 22-22-1.3
Contents of presentence investigation report for person convicted of sex crime
Status: in_force

Any person convicted of a felony violation as provided in subdivisions 22-24B-1 (1) to (15), inclusive, and (19), (24) and (25), shall have included in the offender's presentence investigation report a psycho-sexual assessment including the following information: the offender's sexual history; an identification of precursor activities to sexual offending; intellectual, adaptive and academic functioning; social and emotional functioning; previous legal history; previous treatment history; victim selection and age; risk to the community; and treatment options recommended. If a presentence investigation is not prepared, the court shall order a psycho-sexual assessment which shall be made available to the court prior to sentencing. If the offender is sentenced to a state correctional facility, the psycho-sexual assessment shall be attached to the official statement and supplied to the Board of Pardons and Paroles and the warden.

Source: SL 1992, ch 164, § 2; SL 2005, ch 120, § 393; SL 2006, ch 121, § 2; SL 2021, ch 98, § 6; SL 2023, ch 82, § 13.
S.D. Codified Laws § 22-42-13 — SD Code / Title 22 / Chapter 42 / Section 22-42-13
Criminal penalties in addition to civil and administrative penalties
Status: in_force

Any penalty imposed for a violation of any provision of §§ 22-42-2 to 22-42-6 , inclusive, or §§ 22-42-8 to 22-42-10 , inclusive, shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.

Source: SL 1970, ch 229, § 10 (g); SDCL Supp, § 39-17-112; SL 1977, ch 189, § 123.
S.D. Codified Laws § 22-16-33 — SD Code / Title 22 / Chapter 16 / Section 22-16-33
Justifiable homicide--Apprehending felon--Suppressing riot--Preserving peace
Status: in_force

Homicide is justifiable if necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.

Source: SDC 1939, § 13.2003 (3); SL 2005, ch 120, § 164.
S.D. Codified Laws § 22-25-45 — SD Code / Title 22 / Chapter 25 / Section 22-25-45
Return of equipment, supplies, and pull-tabs--Recordation of transaction
Status: in_force

No distributor or manufacturer may sell, issue, or accept returned bingo or lottery equipment and supplies or pull - tabs to or from an organization without first recording the transaction on a sales invoice.

Source: SL 1988, ch 188, § 17.
S.D. Codified Laws § 22-19-1.1 — SD Code / Title 22 / Chapter 19 / Section 22-19-1.1
Kidnapping in the second degree
Status: in_force

Any person who unlawfully holds or retains another person with any of the following purposes:

(1) To hold for ransom or reward, or as a shield or hostage; or

(2) To facilitate the commission of any felony or flight thereafter; or

(3) To inflict bodily injury on or to terrorize the victim or another; or

(4) To interfere with the performance of any governmental or political function; or

(5) To take or entice away a child under the age of fourteen years with intent to detain and conceal such child;

Source: SL 2005, ch 120, § 447.
S.D. Codified Laws § 22-18-1.3 — SD Code / Title 22 / Chapter 18 / Section 22-18-1.3
Aggravated criminal battery of an unborn child--Felony
Status: in_force

Any person who assaults a pregnant woman and inflicts serious bodily injury on an unborn child who is subsequently born alive is guilty of aggravated criminal battery of an unborn child. Aggravated criminal battery of an unborn child is a Class 3 felony.

Source: SL 1995, ch 122, § 6; SL 2005, ch 120, § 5; SL 2012, ch 123, § 3.
S.D. Codified Laws § 22-11-15.3 — SD Code / Title 22 / Chapter 11 / Section 22-11-15.3
Threatening juror or juror's family--Violation as felony
Status: in_force

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

Source: SL 1991, ch 188.
S.D. Codified Laws § 22-40-14 — SD Code / Title 22 / Chapter 40 / Section 22-40-14
Ownership or possession of scanning device or reencoder with intent to obtain or alter payment card information without permission--Felony
Status: in_force

A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or a reencoder with the intent to use the scanning device or reencoder to obtain or alter information encoded or embedded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user's payment card, or a merchant.

A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or reencoder with knowledge that a person other than an authorized user, the issuer of the authorized user's payment card, or a merchant intends to use the scanning device or reencoder to obtain information encoded or embedded on a payment card without the permission of the authorized user, the issuer of the authorized user's payment card, or any merchant.

Source: SL 2003, ch 131, § 4; SDCL § 22-30A-8.5; SL 2005, ch 120, § 85; SL 2019, ch 110, § 3.
S.D. Codified Laws § 22-25A-3 — SD Code / Title 22 / Chapter 25A / Section 22-25A-3
Internet defined
Status: in_force

For the purposes of this chapter, the term, internet, means the international computer network of both federal and nonfederal interoperable packet switched data networks.

Source: SL 2000, ch 106, § 3.
S.D. Codified Laws § 22-14A-16 — SD Code / Title 22 / Chapter 14A / Section 22-14A-16
Armed forces, national guard, law enforcement agencies, and licensed sellers or users of explosives and destructive devices exempt
Status: in_force

The provisions of this chapter do not apply to the armed forces of the United States, the National Guard, any law enforcement agency or any officer, agent, employee, or member thereof, acting in a lawful capacity, and any person possessing a valid seller's permit or user's permit from the United States federal government for explosive and destructive devices.

Source: SL 1972, ch 140, § 22; SL 1976, ch 159; SL 2005, ch 120, § 274.
S.D. Codified Laws § 22-18-29.1 — SD Code / Title 22 / Chapter 18 / Section 22-18-29.1
Assault by juvenile confined in detention facility or juvenile corrections facility--Intentionally causing contact with bodily fluids or human waste--Felony
Status: in_force

Any juvenile confined in a juvenile detention facility or a juvenile corrections facility established and maintained in accordance with § 26-11A-1 who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a juvenile detention or juvenile corrections facility employee, or visitor, or other person authorized by the juvenile detention or juvenile corrections facility to be on the premises, is guilty of a Class 6 felony.

Source: SL 1999, ch 118, § 2; SL 2005, ch 120, § 16.
S.D. Codified Laws § 22-19A-8 — SD Code / Title 22 / Chapter 19A / Section 22-19A-8
Petition for protection order--Procedures
Status: in_force

There exists an action known as a petition for a protection order in cases of stalking, in cases of physical injury as a result of an assault, or in cases of a crime of violence as defined in subdivision 22-1-2(9). Procedures for the action are as follows:

(1) A petition under this section may be made against any person who violates § 22-19A-1 or against any other person against whom stalking or physical injury as a result of an assault or in cases where a crime of violence is alleged;

(2) A petition shall allege the existence of (a) stalking or (b) physical injury as a result of an assault or (c) a crime of violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the stalking or the physical injury as a result of an assault or crime of violence;

(3) A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.

The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. The attorney general shall prepare the standard petition form.

Source: SL 1997, ch 131, § 1; SL 2000, ch 101, § 2; SL 2002, ch 129, § 2; SL 2007, ch 143, § 1.
S.D. Codified Laws § 22-42-17 — SD Code / Title 22 / Chapter 42 / Section 22-42-17
Controlled substances obtained concurrently from different medical practitioners--Misdemeanor
Status: in_force

Any person who knowingly obtains a controlled substance from a medical practitioner and who knowingly withholds information from that medical practitioner that he has obtained a controlled substance of similar therapeutic use in a concurrent time period from another medical practitioner is guilty of a Class 1 misdemeanor.

Source: SL 1990, ch 168.
S.D. Codified Laws § 22-18-4.4 — SD Code / Title 22 / Chapter 18 / Section 22-18-4.4
Presumption of fear--Exceptions
Status: in_force

The presumption set forth in § 22-18-4.3 does not apply if:

(1) The person against whom the defensive force is used or threatened:

(a) Has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, including as an owner, lessee, or titleholder; and

(b) Is not the subject of a protection order, including a temporary protection order;

(2) The person sought to be removed is the child, grandchild, or otherwise in the lawful custody or under the lawful guardianship of the person against whom the defensive force is used or threatened;

(3) The person who uses or threatens to use defensive force is engaged in a criminal activity or is using the dwelling, residence, or occupied vehicle to further a criminal activity; or

(4) The person against whom the defensive force is used or threatened is a law enforcement officer, who enters or attempts to enter a dwelling, residence, or vehicle in the performance of official duties and:

(a) The officer identified himself or herself as a law enforcement officer; or

(b) The person using or threatening to use force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

Source: SL 2021, ch 93, § 6.
S.D. Codified Laws § 22-18-41 — SD Code / Title 22 / Chapter 18 / Section 22-18-41
Unlawful directing--Light--Laser pointer
Status: in_force

Anyone who intentionally directs light from a laser pointer at the body of a law enforcement officer is guilty of a Class 1 misdemeanor. For purposes of this section, a laser pointer is a device that emits light amplified by the stimulated emission of radiation that is visible to the human eye.

Source: SL 2021, ch 94, § 1.
S.D. Codified Laws § 22-11-9.1 — SD Code / Title 22 / Chapter 11 / Section 22-11-9.1
False fire alarm causing serious bodily injury or death--Felony
Status: in_force

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

Source: SL 1973, ch 150, § 2; SDCL Supp, § 34-35A-2 ; SL 1977, ch 190, § 96; SL 2005, ch 120, § 202.
S.D. Codified Laws § 22-23-1 — SD Code / Title 22 / Chapter 23 / Section 22-23-1
Prostitution--Misdemeanor
Status: in_force

A person who is eighteen years of age or older and who engages in or offers to engage in sexual activity for a fee or other compensation is guilty of prostitution, a Class 1 misdemeanor.

Source: SDC 1939, § 13.1717; SL 1976, ch 158, § 23-1 ; SL 1977, ch 189, § 53; SL 1985, ch 183, § 1; SL 2005, ch 120, § 175; SL 2017, ch 97, § 1; SL 2019, ch 109, § 2.
S.D. Codified Laws § 22-7-12 — SD Code / Title 22 / Chapter 7 / Section 22-7-12
Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial
Status: in_force

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

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

Source: SL 1959, ch 234; SDC Supp 1960, § 34.3009-1; SL 1961, ch 183; SDCL, § 23-32-10; SL 1976, ch 158, § 7-6 ; SL 2005, ch 120, § 389.
S.D. Codified Laws § 22-35-5 — SD Code / Title 22 / Chapter 35 / Section 22-35-5
Criminal trespass--Violation as misdemeanor
Status: in_force

Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor.

Source: SL 1976, ch 158, § 35-1; SL 1984, ch 170, § 2; SL 2005, ch 120, § 289; SL 2020, ch 79, § 2.
S.D. Codified Laws § 22-25-23 — SD Code / Title 22 / Chapter 25 / Section 22-25-23
Bingo defined
Status: in_force

As used in this chapter, the term, bingo, is that game in which each player is supplied a card, board, or electronic bingo device containing five adjoining horizontal and vertical rows with five spaces in each row each containing a number or figure therein, except for the central row with four spaces, each containing a number or figure therein and the word, free, marked in the center space thereof. Upon announcement by the person conducting the game of any number or figure appearing on the player's card, board, or electronic bingo device, the space containing the figure or number is covered by the player. If the player covers all five spaces in any horizontal or vertical row, covers four spaces and the free space in a five space diagonal row, or covers the required combination of spaces in some other preannounced pattern or arrangement, the combination of spaces covered constitutes bingo. The player to first announce bingo is awarded money, merchandise, or some other consideration by the person conducting the game. For purposes of this section, an electronic bingo device does not include any device which may be activated for play by a player inserting coins, tokens, tickets, vouchers, or similar objects of value or which is capable of dispensing coins, tokens, vouchers, tickets, or any similar object of value.

Source: SL 1970, ch 247, § 2; SL 1973, ch 149, § 2; SL 1976, ch 158, § 25-6 ; SL 2009, ch 118, § 1.
S.D. Codified Laws § 22-22A-6 — SD Code / Title 22 / Chapter 22A / Section 22-22A-6
Fraudulent assisted reproduction--Criminal action--Penalty--Consent to anonymous donor not a defense--Statute of limitations
Status: in_force

It is a Class 5 felony for a licensed health care provider, in the performance of an assisted reproduction procedure, to:

(1) Knowingly cause the use of reproductive material from a donor if the patient did not give written consent to receive the reproductive material from the donor; or

(2) Intentionally cause the use of the licensed health care provider's own reproductive material without the patient's written consent.

It is not a defense to a violation of this section that the patient consented to an anonymous donor.

Notwithstanding any other provision of law, the applicable period of limitation for prosecution of a violation of this section does not begin to run until the date on which the violation is discovered and reported to law enforcement or any other governmental agency.

Source: SL 2026, ch 106, § 2.
S.D. Codified Laws § 22-24-67 — SD Code / Title 22 / Chapter 24 / Section 22-24-67
Statute of limitations
Status: in_force

Any action for damages under §§ 22-24-60 to 22-24-68 , inclusive, shall be commenced within six years of the time the plaintiff knew, or had reason to know, of any injury caused by violations of §§ 22-24-60 to 22-24-68 , inclusive. The knowledge of a parent, guardian, or custodian may not be imputed to the minor.

For a plaintiff, the statute of limitations under this section is tolled while any potential plaintiff is incapacitated by minority.

Source: SL 2002, ch 112, § 8.
S.D. Codified Laws § 22-25A-12 — SD Code / Title 22 / Chapter 25A / Section 22-25A-12
Notification of illegal web site and penalties
Status: in_force

The attorney general may notify a gambling business that its web site is illegal in this state and list the penalties for violating this section.

Source: SL 2000, ch 106, § 12.
S.D. Codified Laws § 22-44-2 — SD Code / Title 22 / Chapter 44 / Section 22-44-2
Equipment for receiving services without payment--Installation or possession as misdemeanor
Status: in_force

No person may knowingly install, maintain, or possess any equipment, device, or instrument designed, intended, or used solely for the purpose of unlawfully facilitating the interception, decoding, or receipt of the services of any community antenna television system, multipoint distribution system, multichannel multipoint distribution system, or any programming service delivered by satellite with intent to allow any person to obtain such service and avoid the lawful payment of the charges therefor. A violation of this section is a Class 2 misdemeanor. A subsequent violation of this section is a Class 1 misdemeanor.

Source: SL 1984, ch 173, § 2; SL 1990, ch 169, § 1.
S.D. Codified Laws § 22-22-46 — SD Code / Title 22 / Chapter 22 / Section 22-22-46
Assisting, harboring, concealing, or providing false information about sex offender--Felony
Status: in_force

Any person who knowingly assists, harbors, or conceals a sex offender in eluding law enforcement or provides false information regarding the residence or whereabouts of a sex offender is guilty of a Class 5 felony.

Source: SL 2006, ch 121, § 12.
S.D. Codified Laws § 22-22-7.8 — SD Code / Title 22 / Chapter 22 / Section 22-22-7.8
Sexual contact with child under eighteen--Penalty--Position of authority--Family member--Limitation
Status: in_force

A person is guilty of a Class 6 felony if the person:

(1) Is at least eighteen years of age;

(2) Is at least five years older than the victim;

(3) Is in a position of authority, as defined in this section, or is a family member related by consanguinity or affinity within the fifth degree, as defined by § 23A-20-30 , to the victim; and

(4) Knowingly engages in sexual contact, or touches the buttocks or upper inner thighs of the victim with the intent to arouse or gratify the sexual desire of the person or the victim, with a victim who is:

(a) Less than eighteen years of age; and

(b) Not the person's spouse.

For purposes of this section, a person is in a position of authority if the person, at the time of the sexual contact, or within the one-hundred-twenty-day period immediately preceding the sexual contact, interacts, no matter how briefly, with the victim as a coach, child care provider, disability services provider, guardian ad litem, health care provider, law enforcement officer, mental health counselor, probation officer, religious leader, school administrator, social worker, teacher, therapist, or youth leader.

Notwithstanding § 23A-42-2 , a charge pursuant to this section may be brought at any time before the victim reaches the age of twenty-five or within seven years from the commission of the crime, whichever is longer.

Source: SL 2021, ch 97, § 1; SL 2022, ch 65, § 1; SL 2025, ch 93, § 1.
S.D. Codified Laws § 22-24A-1.1 — SD Code / Title 22 / Chapter 24A / Section 22-24A-1.1
Manufacturing or distributing child-like sex doll--Felony
Status: in_force

It is a Class 4 felony for any person to:

(1) Create a child-like sex doll;

(2) Cause or knowingly permit the creation of a child-like sex doll; or

(3) Knowingly distribute, sell, or display for sale, or otherwise disseminate 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 3 felony.

Source: SL 2021, ch 98, § 1.
S.D. Codified Laws § 22-11-15 — SD Code / Title 22 / Chapter 11 / Section 22-11-15
Threatening or intimidating judicial or ministerial officers or others
Status: in_force

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

Source: SDC 1939, § 13.1206; SDCL § 16-15-9 ; SL 1976, ch 158, § 11-10 ; SL 1977, ch 189, § 25; SL 2003, ch 123, § 1; SL 2011, ch 114, § 2.
S.D. Codified Laws § 22-25A-13 — SD Code / Title 22 / Chapter 25A / Section 22-25A-13
Preliminary restraining order available as condition of bond
Status: in_force

The attorney general or state's attorney may seek, and the court may enter, a preliminary restraining order enjoining a person from transmitting bets or wagers or information to assist in the placing of bets or wagers as a condition of bond pending trial or other disposition of the case.

Source: SL 2000, ch 106, § 13.
S.D. Codified Laws § 22-42-4 — SD Code / Title 22 / Chapter 42 / Section 22-42-4
Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences
Status: in_force

Except as authorized by this chapter or chapter 34-20B , no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule IV; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule IV; create or distribute a counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit substance listed in Schedule IV. A violation of this section is a Class 6 felony. However, the distribution of a substance listed in Schedule IV to a minor is a Class 4 felony. A first conviction under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory state correctional facility or county jail sentence of at least one year, which sentence may not be suspended. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. Notwithstanding any other provision of this section, a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4 felony, but in all other cases under this section is a Class 5 felony.

Source: SL 1970, ch 229, § 10 (a) (1), (2), (b) (3); SL 1973, ch 261; SDCL Supp, §§ 39-17-88, 39-17-89, 39-17-92; SL 1976, ch 158, § 42-4; SL 1977, ch 189, § 91; SL 1982, ch 179, § 3; SL 1983, ch 178, § 3; SL 1986, ch 185, § 3; SL 1999, ch 174, § 3; SL 2013, ch 101, § 57; SL 2023, ch 82, § 16.
S.D. Codified Laws § 22-4-2 — SD Code / Title 22 / Chapter 4 / Section 22-4-2
Attempt resulting in commission of other crime
Status: in_force

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

Source: SDC 1939, § 13.0402; SL 2005, ch 120, § 378.
S.D. Codified Laws § 22-14A-24 — SD Code / Title 22 / Chapter 14A / Section 22-14A-24
Use of substance or device to communicate felonious threat--Felony
Status: in_force

Any person who intentionally communicates a threat by leaving a substance or device, thereby causing either serious public inconvenience, or the evacuation or serious disruption of a building, place of assembly, facility of public or school transport, or a school related event, is guilty of communicating a felonious threat. For the purposes of this section, a substance or device includes any actual or apparently dangerous weapon, destructive device, dangerous chemical, biological agent, poison, or harmful radioactive substance. A violation of this section is a Class 4 felony.

Source: SL 2002, ch 105, § 1; SL 2005, ch 120, § 281.
S.D. Codified Laws § 22-3-9 — SD Code / Title 22 / Chapter 3 / Section 22-3-9
Liability to punishment for act outside state aiding injury within state
Status: in_force

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

Source: SDC 1939, § 13.0602 (4); SDCL, § 23-9-15; SL 1978, ch 185, § 1.
S.D. Codified Laws § 22-18-42 — SD Code / Title 22 / Chapter 18 / Section 22-18-42
Watercraft battery--Penalty
Status: in_force

Any person who, while under the influence of alcohol, drugs, or substances, in a manner and to a degree prohibited by § 42-8-45 , without design to effect serious bodily injury, operates a boat, as defined by § 42-8-2 , in a negligent manner and thereby causes the serious bodily injury of another person, including an unborn child, is guilty of watercraft battery, a Class 4 felony.

Source: SL 2025, ch 92, § 2.
S.D. Codified Laws § 22-4A-3 — SD Code / Title 22 / Chapter 4A / Section 22-4A-3
Proof required for conviction of criminal solicitation
Status: in_force

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

Source: SL 2005, ch 120, § 440.
S.D. Codified Laws § 22-12A-4 — SD Code / Title 22 / Chapter 12A / Section 22-12A-4
Bribery or unlawful influence of legislators--Felony
Status: in_force

Any person who gives, or offers to give, a bribe to any member of the Legislature, or attempts, directly or indirectly, by menace, deceit, suppression of truth, or any other corrupt means, to influence a member to give or to withhold the member's vote, or to not attend the legislative session, or any committee thereof, is guilty of a Class 4 felony.

Source: SDC 1939, § 13.1008; SDCL, § 2-4-11 ; SL 1976, ch 158, § 12A-4; SL 2005, ch 120, § 332.
S.D. Codified Laws § 22-24-57 — SD Code / Title 22 / Chapter 24 / Section 22-24-57
Complying public school or library not liable for damages
Status: in_force

No public school that complies with § 22-24-55 or any public library that complies with § 22-24-56 may be held liable for any damages that may arise from a minor gaining access to obscene materials through the use of a public access computer that is owned or controlled by the public school or public library.

Source: SL 1999, ch 76, § 3; SL 2005, ch 120, § 313.
S.D. Codified Laws § 22-24A-19 — SD Code / Title 22 / Chapter 24A / Section 22-24A-19
Certain child protection laws inapplicable to performance of official duties or bona fide treatment or professional education program
Status: in_force

The provisions of §§ 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, do not apply to the performance of official duties by any law enforcement officer, court employee, attorney, licensed physician, psychologist, social worker, or any person acting at the direction of a licensed physician, psychologist, or social worker in the course of a bona fide treatment or professional education program.

Source: SL 2002, ch 109, § 26; SDCL § 22-22-24.19; SL 2005, ch 120, §§ 407, 413; SL 2014, ch 109, § 26.
S.D. Codified Laws § 22-18-36 — SD Code / Title 22 / Chapter 18 / Section 22-18-36
Vehicular battery
Status: in_force

Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by § 32-23-1 , without design to effect serious bodily injury, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes the serious bodily injury of another person, including an unborn child, is guilty of vehicular battery. Vehicular battery is a Class 4 felony. In addition to any other penalty prescribed by law, the court shall order that the driver's license of any person convicted of vehicular battery be revoked for a period of not less than three years from the date sentence is imposed or three years from the date of initial release from imprisonment, whichever is later. In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation.

Source: SL 1993, ch 174, § 2; SL 1995, ch 122, § 9; SL 2000, ch 98, § 2; SDCL § 22-16-42 ; SL 2005, ch 120, § 172; SL 2006, ch 168, § 17; SL 2009, ch 115, § 2.
S.D. Codified Laws § 22-25-47 — SD Code / Title 22 / Chapter 25 / Section 22-25-47
Numbering of disposable bingo cards
Status: in_force

Each set of disposable bingo cards shall be consecutively numbered from the first card to the last card, or from the first sheet of cards to the last sheet of cards, or be consecutively numbered through the set. Each card or sheet shall have printed on its face both its individual card or sheet number, and the series number assigned by the manufacturer to the set of disposable bingo cards.

Source: SL 1988, ch 188, § 19.
S.D. Codified Laws § 22-42-10 — SD Code / Title 22 / Chapter 42 / Section 22-42-10
Keeping place for use or sale of controlled substances as felony
Status: in_force

Any person who keeps or maintains a place which is resorted to by persons using controlled drugs and substances for the purpose of using such substances, or which is used for the keeping or selling of such substances, is guilty of a Class 5 felony.

Source: SL 1970, ch 229, § 10 (d) (6); SDCL Supp, § 39-17-102; SL 1977, ch 189, § 84.
S.D. Codified Laws § 22-29-16 — SD Code / Title 22 / Chapter 29 / Section 22-29-16
Obtaining assistance with value of more than two hundred dollars as felony
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 more than two hundred dollars is guilty of a Class 6 felony.

Source: SL 1977, ch 225, § 4; SL 2005, ch 120, § 46.
S.D. Codified Laws § 22-48-2 — SD Code / Title 22 / Chapter 48 / Section 22-48-2
Perpetrator's assumption of risk--Victim immune from liability--Victim's duty--Exception
Status: in_force

A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a crime, as defined in this chapter, engaged in by the perpetrator or a person who aids or abets the perpetrator, as defined in § 22-3-3 , and the crime victim is immune from and not liable for any damages as a result of acts or omissions of the victim if the victim used reasonable force. However, the perpetrator's assumption of risk does not eliminate the crime victim's duty to protect against conditions upon the premises which the crime victim knows or has reason to know may create an unreasonable risk of harm or which may cause a foreseeable trespass by minors, nor does the assumption of risk apply to perpetrators who are mentally incompetent.

Source: SL 1998, ch 124, § 2.
S.D. Codified Laws § 22-24A-2 — SD Code / Title 22 / Chapter 24A / Section 22-24A-2
22-24A-2. 22-24A-2.Definitions
Status: in_force

Terms used in §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive, mean:

(1) "Adult," any person eighteen years of age or older;

(2) "Child pornography," any image or visual depiction of a minor engaged in prohibited sexual acts;

(3) "Child" or "minor," any person under the age of eighteen years;

(3A) "Child-like sex doll," any obscene anatomical doll, obscene anatomical mannequin, or obscene anatomical robot that is intentionally designed to resemble a prepubescent child and either to entice sexual excitement or to engage in prohibited sexual acts;

(4) "Computer," any electronic, magnetic, optical, electrochemical, or other high-speed data processing device performing logical, arithmetic, or storage functions and includes any data storage facility or communications facility directly related to or operating in conjunction with such device, including wireless communication devices such as cellular phones. The term also includes any on-line service, internet service, or internet bulletin board;

(5) "Computer-generated child pornography," any visual depiction of:

(a) An actual minor that has been created, adapted, or modified to depict that minor engaged in a prohibited sexual act;

(b) An actual adult that has been created, adapted, or modified to depict that adult as a minor engaged in a prohibited sexual act; or

(c) An individual indistinguishable from an actual minor created by the use of artificial intelligence or other computer technology capable of processing and interpreting specific data inputs to create a visual depiction;

(6) "Digital media," any electronic storage device, including a floppy disk or other magnetic storage device or any compact disc that has memory and the capacity to store audio, video, or written materials;

(7) "Harmful to minors," any reproduction, imitation, characterization, description, visual depiction, exhibition, presentation, or representation, of whatever kind or form, depicting nudity, sexual conduct, or sexual excitement if it:

(a) Predominantly appeals to the prurient, shameful, or morbid interest of minors;

(b) Is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material for minors; and

(c) Taken as a whole, is without serious literary, artistic, political, or scientific value for minors.

This term does not include a mother's breast-feeding of her baby;

(8) "Indistinguishable," when used with respect to a visual depiction, means virtually indistinguishable, in that the visual depiction is such that an ordinary person viewing the visual depiction would conclude that the visual depiction is of an actual minor engaged in a prohibited sexual act;

(9) "Masochism," sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture, or death;

(10) "Nudity," the showing or the simulated showing of the human male or female genitals, pubic area, or buttocks with less than a fully opaque covering; or the showing of the female breast with less than a fully opaque covering of any portion thereof below the top of the nipple; or the depiction of covered male genitals in a discernibly turgid state for the purpose of creating sexual excitement. This term does not include a mother's breast-feeding of her baby irrespective of whether or not the nipple is covered during or incidental to feeding;

(11) "Obscene," the status of material which:

(a) The average person, applying contemporary community standards, would find, taken as a whole, appeals to the prurient interest;

(b) Depicts or describes, in a patently offensive way, prohibited sexual acts; and

(c) Taken as a whole, lacks serious literary, artistic, political, or scientific value.

This term does not include a mother's breast-feeding of her baby;

(12) "Person," includes individuals, children, firms, associations, joint ventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations;

(13) "Sadism," sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture, or death;

(14) "Sadomasochistic abuse," flagellation or torture by or upon a minor, or the condition of being fettered, bound, or otherwise physically restrained, for the purpose of deriving sexual satisfaction, or satisfaction brought about as a result of sadistic violence, from inflicting harm on another or receiving such harm oneself;

(15) "Sexual battery," oral, anal, or vaginal penetration by, or union with, the sexual organ of another or the anal or vaginal penetration of another by any other object. This term does not include an act done for a bona fide medical purpose;

(16) "Sexual bestiality," any sexual act, actual or simulated, between a person and an animal involving the sex organ of the one and the mouth, anus, or vagina of the other;

(17) "Prohibited sexual act," actual or simulated sexual intercourse, sadism, masochism, sexual bestiality, incest, masturbation, or sadomasochistic abuse; actual or simulated exhibition of the genitals, the pubic or rectal area, or the bare feminine breasts, in a lewd or lascivious manner; actual physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or, if such person is a female, breast with the intent to arouse or gratify the sexual desire of either party; defecation or urination for the purpose of creating sexual excitement in the viewer; or any act or conduct which constitutes sexual battery or simulates that sexual battery is being or will be committed. The term includes encouraging, aiding, abetting or enticing any person to commit any such acts as provided in this subdivision. The term does not include a mother's breast-feeding of her baby;

(18) "Sexual excitement," the condition of the human male or female genitals if in a state of sexual stimulation or arousal;

(19) "Sexually oriented material," any book, article, magazine, publication, visual depiction or written matter of any kind or any drawing, etching, painting, photograph, motion picture film, or sound recording that depicts sexual activity, actual or simulated, involving human beings or human beings and animals, that exhibits uncovered human genitals or the pubic region in a lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely and opaquely covered;

(20) "Simulated," the explicit depiction of conduct described in subdivision (16) of this section that creates the appearance of such conduct and that exhibits any uncovered portion of the breasts, genitals, or anus;

(21) "Visual depiction," any developed and undeveloped film, photograph, slide and videotape, and any photocopy, drawing, printed or written material, and any data stored on computer disk, digital media, or by electronic means that are capable of conversion into a visual image.

Source: SL 2002, ch 109, § 6; SDCL, § 22-22-24.1; SL 2005, ch 120, §§ 407, 408; SL 2006, ch 122, § 1; SL 2021, ch 98, § 2; SL 2024, ch 87, § 1.
S.D. Codified Laws § 22-34-1 — SD Code / Title 22 / Chapter 34 / Section 22-34-1
Intentional damage to property--Degree of offense according to value
Status: in_force

Any person who, with specific intent to do so, injures, damages, or destroys:

(1) Public property without the lawful consent of the appropriate governing body having jurisdiction thereof; or

(2) Private property in which any other person has an interest, without the consent of the other person;

The provisions of this section do not apply if the intentional damage to property was accomplished by arson or reckless burning or exploding pursuant to chapter 22-33 .

Source: SDC 1939, § 13.4501; SL 1967, ch 28; SL 1971, ch 159; SDCL Supp, § 22-34-3.1; SL 1976, ch 158, § 34-1 ; SL 1977, ch 189, § 70; SL 1978, ch 158, § 12; SL 1990, ch 164, § 1; SL 2005, ch 120, § 97; SL 2014, ch 111, § 1.
S.D. Codified Laws § 22-30A-24 — SD Code / Title 22 / Chapter 30A / Section 22-30A-24
Theft by insufficient funds check--Degrees according to amount--Aggregation of checks
Status: in_force

Any person who, for himself or herself or as agent or representative of another, for a present consideration, with intent to defraud, passes a check drawn on a financial institution knowing at the time of such passing that there are not sufficient funds in the account on which the check was drawn in the financial institution for the payment of such check and all other checks upon such funds then outstanding, in full upon its presentation, although no express representation is made with reference thereto, is guilty of theft by insufficient funds check. Theft by insufficient funds check is punishable as theft pursuant to chapter 22-30A . In determining the degree of theft, the value of the property stolen or attempted to be stolen is the same as the face amount of the insufficient funds check. Any series of insufficient funds checks within any thirty-day period may be aggregated in amount to determine the degree of theft of such course of conduct.

Source: SDC 1939, § 13.4204; SL 1959, ch 40; SL 1967, ch 27; SL 1973, ch 153, §§ 1, 6; SDCL Supp, § 22-41-1.1 ; SL 1976, ch 158, § 41-1 ; SL 1977, ch 189, § 74; SL 1978, ch 158, § 15; SL 1990, ch 165, § 1; SDCL, § 22-41-1 ; SL 2005, ch 120, §§ 132, 139.
S.D. Codified Laws § 22-14-17 — SD Code / Title 22 / Chapter 14 / Section 22-14-17
Firearms incapable of discharge exempt
Status: in_force

The provisions of this chapter do not apply to any firearm which has been permanently altered so it is incapable of being discharged.

Source: SL 1976, ch 158, § 14-11; SL 1985, ch 190, § 6; SL 1998, ch 131, § 1; SL 2005, ch 120, § 257.
S.D. Codified Laws § 22-29-19 — SD Code / Title 22 / Chapter 29 / Section 22-29-19
False statement on application to state agency for loan, grant, or other financial assistance for business or agriculture--Felony
Status: in_force

Any person who knowingly makes any material false statement or report, or willfully overvalues any land, property or other security, for the purpose of influencing an action of the Board of Economic Development, the Economic Development Finance Authority, any other loan or grant administered by the Governor's Office of Economic Development, the Department of Agriculture and Natural Resources, or any other agency, instrumentality, board, commission, or authority of or created by the State of South Dakota, upon any application for a loan, grant, or other financial assistance for a business or agricultural purpose, or the renewal, extension, or modification thereof, is guilty of a Class 6 felony.

Source: SL 2012, ch 130, § 1; SL 2021, ch 1 (Ex. Ord. 21-3 ), § 14, eff. Apr. 19, 2021.
S.D. Codified Laws § 22-12A-7 — SD Code / Title 22 / Chapter 12A / Section 22-12A-7
Solicitation of bribe by public officer--Felony
Status: in_force

Any public officer or employee, who asks, receives, or agrees to receive a bribe upon an agreement or understanding that his or her vote, opinion, or action upon any matter then pending, or which may by law be brought before him or her in a public capacity, be influenced thereby, is guilty of a Class 4 felony.

Source: SDC 1939, §§ 13.1108, 45.1509; SL 1953, ch 35, § 2; SDCL, §§ 3-15-5, 9-14-38 ; SL 1976, ch 158, § 12A-7; SL 2005, ch 120, § 335.
S.D. Codified Laws § 22-13-17 — SD Code / Title 22 / Chapter 13 / Section 22-13-17
Picketing of funeral services prohibited--Violation as misdemeanor
Status: in_force

No person may engage in any act of picketing at any funeral service during the period from one hour before the scheduled commencement of the funeral services until one hour after the actual completion of the funeral services.

Any violation of this section is a Class 2 misdemeanor. Each day on which a person violates this section constitutes a separate offense.

Source: SL 2006, ch 118, § 1.
S.D. Codified Laws § 22-30A-12 — SD Code / Title 22 / Chapter 30A / Section 22-30A-12
Unauthorized operation of vehicle or vessel as misdemeanor
Status: in_force

Any person who, without the intent to deprive the owner thereof, operates another's motor vehicle or vessel without the consent of the owner, is guilty of a Class 1 misdemeanor.

Source: SL 1976, ch 158, § 30A-17; SL 2005, ch 120, § 62.
S.D. Codified Laws § 22-19A-13 — SD Code / Title 22 / Chapter 19A / Section 22-19A-13
Exceptional circumstances required before security authorized
Status: in_force

The court may not require an undertaking or other security of any party to a petition for an order of protection other than in exceptional circumstances.

Source: SL 1997, ch 131, § 6.
S.D. Codified Laws § 22-16-43 — SD Code / Title 22 / Chapter 16 / Section 22-16-43
Watercraft homicide--Penalty
Status: in_force

Any person who, while under the influence of alcohol, drugs, or substances, in a manner and to a degree prohibited by § 42-8-45 , without design to effect death, operates a boat, as defined by § 42-8-2 , in a negligent manner and thereby causes the death of another person, including an unborn child, is guilty of watercraft homicide, a Class 3 felony.

Source: SL 2025, ch 92, § 1.
S.D. Codified Laws § 22-24-59 — SD Code / Title 22 / Chapter 24 / Section 22-24-59
Public access computer defined
Status: in_force

For the purposes of §§ 22-24-55 to 22-24-59 , inclusive, a public access computer is any computer that is located in a public school or public library.

Source: SL 1999, ch 76, § 5.
S.D. Codified Laws § 22-16-15 — SD Code / Title 22 / Chapter 16 / Section 22-16-15
Homicide as manslaughter in first degree--Felony
Status: in_force

Homicide is manslaughter in the first degree if perpetrated:

(1) Without any design to effect death, including an unborn child, while engaged in the commission of any felony other than as provided in § 22-16-4(2);

(2) Without any design to effect death, including an unborn child, and in a heat of passion, but in a cruel and unusual manner;

(3) Without any design to effect death, including an unborn child, but by means of a dangerous weapon;

(4) Unnecessarily, either while resisting an attempt by the person killed to commit a crime or after such attempt has failed.

Manslaughter in the first degree is a Class C felony.

Source: SDC 1939, §§ 13.2013, 13.2015; SDCL, §§ 22-16-16 , 22-16-17, 22-16-19; SL 1976, ch 158, § 16-3 ; SL 1977, ch 189, § 41; SL 1995, ch 122, § 11; SL 2005, ch 120, § 160.
S.D. Codified Laws § 22-42-1 — SD Code / Title 22 / Chapter 42 / Section 22-42-1
22-42-1. Definitions
Status: in_force

(1) "Controlled drug or substance," a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I through IV. The term includes an altered state of a drug or substance listed in Schedules I through IV absorbed into the human body;

(2) "Counterfeit substance," a controlled drug or substance which, or the container of labeling of which, without authorization, bears the trade - mark, trade name, or other identifying mark, imprint, number, or device, or any likeness thereof, of a manufacturer, distributor, or dispenser other than the person or persons who manufactured, distributed, or dispensed such substance and which thereby falsely purports or is represented to be the product of, or to have been distributed by, such other manufacturer, distributor, or dispenser;

(3) "Deliver" or "delivery," the actual or constructive transfer of a controlled drug, substance, or marijuana whether or not there exists an agency relationship;

(4) "Dispense," to deliver a controlled drug or substance to the ultimate user or human research subject by or pursuant to the lawful order of a practitioner, including the prescribing, administering, packaging, labeling, or compounding necessary to prepare the substance for such delivery, and a dispenser is one who dispenses;

(5) "Distribute," to deliver a controlled drug, substance, or marijuana. Distribution means the delivery of a controlled drug, substance, or marijuana;

(6) "Manufacture," the production, preparation, propagation, compounding, or processing of a controlled drug or substance, either directly or indirectly by extraction from substances of natural origin, or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis. A manufacturer includes any person who packages, repackages, or labels any container of any controlled drug or substance, except practitioners who dispense or compound prescription orders for delivery to the ultimate user;

(7) "Marijuana," all parts of any plant of the genus cannabis, whether growing or not, in its natural and unaltered state, except for drying or curing and crushing or crumbling. The term includes an altered state of marijuana absorbed into the human body. The term does not include fiber produced from the mature stalks of such plant, or oil or cake made from the seeds of such plant. The term does not include the plant Cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than three-tenths of one percent on a dry weight basis;

(8) "Practitioner," a doctor of medicine, osteopathy, podiatry, dentistry, optometry, or veterinary medicine licensed to practice his profession, or pharmacists licensed to practice their profession; physician's assistants certified to practice their profession; government employees acting within the scope of their employment; and persons permitted by certificates issued by the Department of Health to distribute, dispense, conduct research with respect to, or administer a substance controlled by chapter 34-20B ;

(9) "Precursor" or "immediate precursor," a substance which the Department of Health has found to be and by rule designates as being a principal compound commonly used or produced primarily for use, and which is an immediate chemical intermediary used or likely to be used, in the manufacture of a controlled drug or substance, the control of which is necessary to prevent, curtail, or limit such manufacture;

(10) "Schedule I," "Schedule II," "Schedule III," and "Schedule IV," those schedules of drugs, substances, and immediate precursors listed in chapter 34-20B ;

(11) "Ultimate user," a person who lawfully possesses a controlled drug or substance for that person's own use or for the use of a member of that person's household or for administration to an animal owned by that person or by a member of that person's household.

Source: SL 1976, ch 158, § 42-1; SL 1977, ch 189, § 88; SL 1984, ch 239, § 2; SL 1985, ch 185, § 1; SL 1986, ch 306, § 5; SL 2001, ch 116, § 1; SL 2020, ch 176, § 22, eff. Mar. 27, 2020.
S.D. Codified Laws § 22-16-40 — SD Code / Title 22 / Chapter 16 / Section 22-16-40
Duty of law officers to report suicide attempts
Status: in_force

Any law enforcement officer who has knowledge that any party has attempted to take his or her own life shall immediately notify the state's attorney.

Source: SL 1968, ch 31, § 2; SL 1976, ch 158, § 16-8 ; SL 2005, ch 120, § 171.
S.D. Codified Laws § 22-10-9 — SD Code / Title 22 / Chapter 10 / Section 22-10-9
Unlawful assembly--Misdemeanor
Status: in_force

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

Source: SDC 1939, § 13.1402; SL 1976, ch 158, § 10-5 ; SL 2005, ch 120, § 349.
S.D. Codified Laws § 22-24-28 — SD Code / Title 22 / Chapter 24 / Section 22-24-28
Disseminating material harmful to minors as misdemeanor
Status: in_force

Any person who disseminates material harmful to minors is guilty of a Class 1 misdemeanor.

Source: SL 1968, ch 29, §§ 3, 9 (b); SDCL Supp, §§ 22-24-13, 22-24-20; SL 1974, ch 165, § 18; SL 1976, ch 158, § 24-6 .
S.D. Codified Laws § 22-14-7 — SD Code / Title 22 / Chapter 14 / Section 22-14-7
Reckless discharge of firearm or shooting of bow and arrow--Leaving trip device--Possession of loaded firearm while intoxicated--Misdemeanor
Status: in_force

Any person who:

(1) Recklessly discharges a firearm or recklessly shoots a bow and arrow;

(2) Sets a device designed to activate a weapon upon being tripped or approached, and leaves the device unmarked or unattended by a competent person; or

(3) Has in personal possession a loaded firearm while intoxicated;

Source: SL 1976, ch 158, § 14-3 ; SL 2005, ch 120, § 245.
S.D. Codified Laws § 22-22-29 — SD Code / Title 22 / Chapter 22 / Section 22-22-29
Sexual penetration by psychotherapist--Felony
Status: in_force

Any psychotherapist who knowingly engages in an act of sexual penetration, as defined in § 22-22-2 , with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time that the act of sexual penetration is committed, commits a Class 4 felony. Consent by the patient is not a defense.

Source: SL 1993, ch 178, § 3; SL 2005, ch 120, § 405.
S.D. Codified Laws § 22-35-6 — SD Code / Title 22 / Chapter 35 / Section 22-35-6
Entering or refusing to leave property after notice--Misdemeanor
Status: in_force

Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by:

(1) Actual communication to the person who subsequently commits the trespass;

(2) Posting in a manner reasonably likely to come to the attention of trespassers; or

(3) Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers;

Source: SL 1976, ch 158, § 35-2 ; SL 1977, ch 189, § 71; SL 2005, ch 120, § 290.
S.D. Codified Laws § 22-23-9 — SD Code / Title 22 / Chapter 23 / Section 22-23-9
Hiring for sexual activity--Misdemeanor or felony
Status: in_force

A person who hires or attempts to hire another person for a fee or other compensation to engage in sexual activity is guilty of a Class 1 misdemeanor. A person who is convicted of, or has pled guilty to, one or more violations of this section or § 22-23-2 in the previous ten years is guilty of a Class 6 felony.

Source: SL 1976, ch 158, § 23-5 ; SL 1977, ch 189, § 56; SL 1985, ch 183, § 2; SL 1987, ch 166; SL 2005, ch 120, § 180; SL 2018, ch 132, § 1; SL 2019, ch 109, § 3.
S.D. Codified Laws § 22-49-4 — SD Code / Title 22 / Chapter 49 / Section 22-49-4
Hiring person forced to engage in sexual activity--Felony
Status: in_force

It is a Class 6 felony for a person to hire or attempt to hire another person for a fee to engage in sexual activity, as defined in § 22-23-1.1 , if the person knew or should have known the other person was being forced to engage in the activity through human trafficking.

Source: SL 2016, ch 129, § 3.
S.D. Codified Laws § 22-17-6 — SD Code / Title 22 / Chapter 17 / Section 22-17-6
Intentional killing of human fetus by unauthorized injury to mother
Status: in_force

Any person who intentionally kills a human fetus by causing an injury to its mother, which is not authorized by chapter 34-23A , is guilty of a Class 4 felony.

Source: SL 1977, ch 189, § 45.
S.D. Codified Laws § 22-30A-43 — SD Code / Title 22 / Chapter 30A / Section 22-30A-43
Payment or dispute of claim--Court action--Service charge and expenses
Status: in_force

The motor vehicle owner shall pay the motor fuel retailer the full amount due within thirty-three days after receiving notice demanding payment pursuant to § 22-30A-42 . The motor vehicle owner may dispute the motor fuel retailer's claim by sending a notice by certified mail, return receipt requested, to the motor fuel retailer within the thirty-three day period. If the motor vehicle owner disputes or fails to pay the retailer's claim, the retailer may take the claim to court. The court may award the retailer the unpaid dollar amount for the motor fuel, the service charge, and reasonable court expenses. If the motor vehicle owner does not dispute the claim and fails to pay the claim within the thirty-three day period, the court may award the retailer the unpaid dollar amount for the motor fuel, the service charge, and reasonable court expenses.

Source: SL 2005, ch 121, § 4.
S.D. Codified Laws § 22-24B-18 — SD Code / Title 22 / Chapter 24B / Section 22-24B-18
Petition and documentation--Contents
Status: in_force

The petition and documentation to support the request for removal from the sex offender registry shall include:

(1) The information required for registration of convicted sex offenders in § 22-24B-8 ;

(2) A detailed description of the sex crime that was the basis for the offender to register;

(3) A certified copy of judgment of conviction or other sentencing document; and

(4) The offender's criminal record and a detailed description of those offenses.

Source: SL 2005, ch 120, § 421.
S.D. Codified Laws § 22-30-2 — SD Code / Title 22 / Chapter 30 / Section 22-30-2
Requisite force or fear--Force or fear to escape--Degree of force immaterial
Status: in_force

To constitute robbery, force or fear of force must be employed either to obtain or retain possession of the property or to prevent or overcome resistance to the taking. If employed merely as a means of escape, it does not constitute robbery. The degree of force employed to constitute robbery is immaterial.

Source: SDC 1939, § 13.2602; SL 2005, ch 120, § 25.
S.D. Codified Laws § 22-19B-5 — SD Code / Title 22 / Chapter 19B / Section 22-19B-5
Compelling practice of religion--Misdemeanor
Status: in_force

Any person who intentionally attempts, by threats or violence, to compel another person to adopt, practice, or profess any particular form of religious belief is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1703; SL 1976, ch 158, § 27-2; SDCL, § 22-27-2; SL 2005, ch 120, §§ 287, 288.
S.D. Codified Laws § 22-30A-28 — SD Code / Title 22 / Chapter 30A / Section 22-30A-28
Goods, services, taxes, and other obligations as present consideration
Status: in_force

Present consideration includes goods which are delivered or constructively delivered, and services which are completed, seven days, exclusive of the date of such delivery or completion and exclusive of legal holidays and Sundays, before or after payment therefor. Present consideration also includes payment made for goods and services, if the goods and services are obtained under an understanding that the goods and services would be paid for at a specific time by written agreement or under an established method of payment of accounts. In addition, payment of taxes and any other obligation due the State of South Dakota or any of its political subdivisions and payment of alimony or child support constitutes present consideration for the purposes of this chapter.

Source: SL 1973, ch 153, § 3; SL 1976, ch 158, § 41-3 ; SL 1977, ch 189, § 77; SL 1980, ch 177; SL 1986, ch 184; SL 1993, ch 180; SDCL, § 22-41-2.1; SL 2005, ch 120, §§ 136, 139.
S.D. Codified Laws § 22-11-23 — SD Code / Title 22 / Chapter 11 / Section 22-11-23
Falsification of public records--Misdemeanor
Status: in_force

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

Source: SDC 1939, § 13.1306; SDCL § 4-3-19 (3); SL 1976, ch 158, § 11-18; SL 2005, ch 120, § 218.
S.D. Codified Laws § 22-18-4.6 — SD Code / Title 22 / Chapter 18 / Section 22-18-4.6
Force--Defense of propertyother than a dwelling
Status: in_force

A person is justified in using or threatening to use force, other than deadly force, against another if and to the extent the person reasonably believes that using or threatening to use force is necessary to prevent or terminate another's trespass on, or criminal interference with:

(1) Real property other than a dwelling;

(2) Personal property that is lawfully:

(a) In the person's possession;

(b) In the possession of a member of the person's immediate family or household; or

(c) In the possession of one whose property the person has a legal duty to protect.

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 such force.

Source: SL 2021, ch 93, § 8.
S.D. Codified Laws § 22-29-3 — SD Code / Title 22 / Chapter 29 / Section 22-29-3
Incompetence of witness no defense
Status: in_force

It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition, or certificate of which falsehood is alleged. It is sufficient that the accused actually was required to give such testimony or made such deposition or certificate.

Source: SDC 1939, § 13.1242; SL 2005, ch 120, § 32.
S.D. Codified Laws § 22-18-1.4 — SD Code / Title 22 / Chapter 18 / Section 22-18-1.4
Aggravated battery of an infant--Felony
Status: in_force

Any person who intentionally or recklessly causes serious bodily injury to an infant, less than three years old, by causing any intracranial or intraocular bleeding, or swelling of or damage to the brain, whether caused by blows, shaking, or causing the infant's head to impact with an object or surface is guilty of aggravated battery of an infant. Aggravated battery of an infant is a Class 2 felony. A second or subsequent violation of this section is a Class 1 felony.

Source: SL 2012, ch 123, § 1.
S.D. Codified Laws § 22-24A-6 — SD Code / Title 22 / Chapter 24A / Section 22-24A-6
Nonresident violating child protection laws subject to state court jurisdiction--Service of process
Status: in_force

Any person, not a citizen or resident of this state, whose actions or conduct constitute a violation of §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , 43-43B-1 to 43-43B-3 , inclusive, and 22-23-2 , 22-23-8 , and 22-23-9 and whose actions or conduct involve a child residing in this state, or someone the person reasonably believes is a child residing in this state, or with an adult in this state in violation of § 22-23-2 , 22-23-8 , or 22-23-9 is for the purpose of §§ 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 , 43-43B-1 to 43-43B-3 , inclusive, and 22-23-2 , 22-23-8 , and 22-23-9 deemed to be transacting business in this state and by that act:

(1) Submits to the jurisdiction of the courts of this state in any civil proceeding commenced under §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , 43-43B-1 to 43-43B-3 , inclusive, and 22-23-2 , 22-23-8 , and 22-23-9 ; and

(2) Constitutes the secretary of state as agent for service of legal process in any civil proceeding commenced under §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , 43-43B-1 to 43-43B-3 , inclusive, and 22-23-2 , 22-23-8 , and 22-23-9 ; and consents that service of legal process shall be made by serving a copy upon the secretary of state or by filing a copy in the secretary of state's office, and that this service shall be sufficient service if, within one day after service, notice of the service and a copy of the process are sent by registered mail by plaintiff to the person at the person's last-known address and proof of such mailing filed with the clerk of court within one day after mailing.

The service of legal process upon any person who is subject to the jurisdiction of the courts of this state, as provided in this section, may also be made by personally serving the summons upon the person outside this state with the same force and effect as though summons had been personally served within this state. The service shall be made in like manner as service within this state. No order of court is required. An affidavit of the server shall be filed stating the time, manner and place of service. The court may consider the affidavit, or any other competent proofs, in determining whether service has been properly made.

Source: SL 2002, ch 109, § 13; SDCL § 22-22-24.6; SL 2005, ch 120, § 407; SL 2014, ch 109, § 19; SL 2015, ch 129, § 3.
S.D. Codified Laws § 22-23-8 — SD Code / Title 22 / Chapter 23 / Section 22-23-8
Pimping—Permitting prostitution on premises--Felony
Status: in_force

Any person who:

(1) Solicits another person to patronize a prostitute;

(2) Procures a prostitute for a patron;

(3) Transports a person into or within this state to engage in prostitution, or procures or pays for transportation for that purpose;

(4) Knowingly permits a place owned, managed, supervised, or controlled by himself or herself, alone, or in association with others, to be regularly used for prostitution or the promotion of prostitution, or fails to make reasonable effort to abate such use by ejecting the tenant, notifying law enforcement authorities, or using other legally available means; or

(5) Solicits, receives, or agrees to receive any benefit for doing or agreeing to do anything prohibited by this section;

Source: SL 1976, ch 158, § 23-4; SL 1977, ch 189, § 55; SL 2005, ch 120, § 179.
S.D. Codified Laws § 22-18-4.5 — SD Code / Title 22 / Chapter 18 / Section 22-18-4.5
Unlawful entry--Presumption
Status: in_force

A person who unlawfully enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

Source: SL 2021, ch 93, § 7.
S.D. Codified Laws § 22-30A-40 — SD Code / Title 22 / Chapter 30A / Section 22-30A-40
Liability for cost of motor fuel received--Service charge
Status: in_force

The owner of a motor vehicle who has not paid for the motor fuel received is liable to the motor fuel retailer for the cost of the motor fuel. If notice of a service charge is conspicuously displayed on the premises when the motor fuel was received, the motor fuel retailer may impose a service charge not to exceed thirty dollars for any collection cost.

Source: SL 2005, ch 121, § 1.
S.D. Codified Laws § 22-25A-14 — SD Code / Title 22 / Chapter 25A / Section 22-25A-14
Permanent injunction available against guilty party
Status: in_force

If a person is found guilty or pleads guilty to a charge brought under this chapter, the attorney general or states attorney may seek, and the court may enter, a permanent injunction against the person or gambling business enjoining the person or gambling business from transmitting bets or wagers or information to assist in the placing of bets or wagers.

Source: SL 2000, ch 106, § 14.
S.D. Codified Laws § 22-40-13 — SD Code / Title 22 / Chapter 40 / Section 22-40-13
Unauthorized use of reencoder on payment card--Felony
Status: in_force

A person is guilty of a Class 6 felony if the person directly or indirectly uses a reencoder to place information encoded on the magnetic strip or stripe of a payment card or encoded on a computer chip embedded on a payment card onto the magnetic strip or stripe or computer chip of a different payment card without the permission of the authorized user of the payment card from which the information is being reencoded, the issuer of the authorized user's payment card, or a merchant.

Source: SL 2003, ch 131, § 3; SDCL § 22-30A-8.4; SL 2005, ch 120, § 85; SL 2019, ch 110, § 2.
S.D. Codified Laws § 22-24B-9 — SD Code / Title 22 / Chapter 24B / Section 22-24B-9
Information from sex offender registry--Specifics included
Status: in_force

When a law enforcement official provides information from the sex offender registry, the information shall include the offender's name, address, the type of sex crime convicted of, and the date of the commission of the crime and the date of conviction of any sex crime committed.

Source: SL 1998, ch 134, § 1; SDCL, § 22-22-32.1; SL 2005, ch 120, § 415.
S.D. Codified Laws § 22-18-1.05 — SD Code / Title 22 / Chapter 18 / Section 22-18-1.05
Simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer
Status: in_force

Simple assault, as provided in § 22-18-1 , if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occurred while the officer or employee was engaged in the performance of the officer's or employee's duties, is a Class 6 felony.

Aggravated assault, as provided in § 22-18-1.1 , if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occurred while the officer or employee was engaged in the performance of the officer's or employee's duties, is a Class 2 felony.

The penalties in this section also apply to a simple assault or aggravated assault if committed against any health care facility personnel while the personnel was engaging in patient care.

Source: SL 2005, ch 120, § 3; SL 2018, ch 130, § 1.
S.D. Codified Laws § 22-19-8 — SD Code / Title 22 / Chapter 19 / Section 22-19-8
Substitution of infant with intent to deceive
Status: in_force

Any person to whom an infant has been confided, who, with intent to deceive the parent or guardian of the child, substitutes or produces another child in the place of the one so confided, is guilty of a Class 5 felony.

Source: SL 1976, ch 158, § 19-4 .
S.D. Codified Laws § 22-3-5 — SD Code / Title 22 / Chapter 3 / Section 22-3-5
Accessory to crime--Misdemeanor excepted--"Render assistance" defined--Penalty
Status: in_force

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

The term, render assistance, means to:

(1) Harbor or conceal the other person;

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

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

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

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

A violation of this section is a Class 5 felony. A violation of this section is a Class 4 felony if the person is an accessory to the crime of murder in the first degree pursuant to § 22-16-4 or murder in the second degree pursuant to § 22-16-7 .

Source: SDC 1939, § 13.0203; SL 1976, ch 158, § 3-3; SL 2005, ch 120, § 374; SL 2024, ch 79, § 1.
S.D. Codified Laws § 22-45-11 — SD Code / Title 22 / Chapter 45 / Section 22-45-11
Limitation on civil action
Status: in_force

No civil action may be brought under this chapter more than six years after the cause of action accrues.

Source: SL 1986, ch 187, § 11.
S.D. Codified Laws § 22-25A-1 — SD Code / Title 22 / Chapter 25A / Section 22-25A-1
Bet or wager defined
Status: in_force

For the purposes of this chapter, the term, bet or wager, means to directly or indirectly take, receive, or accept money or any valuable thing with the understanding or agreement that the money or valuable thing will be paid or delivered to a person if the payment or delivery is contingent upon the result of a race, contest, or game or upon the happening of an event not known to be certain. Bet or wager does not include the purchase, sale, or trade of securities or commodities under state or federal law.

Source: SL 2000, ch 106, § 1.
S.D. Codified Laws § 22-11-26 — SD Code / Title 22 / Chapter 11 / Section 22-11-26
Forfeiture of public officer's office for record violations--Discharge of public employee--Refusal to discharge employee--Misdemeanor
Status: in_force

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

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

Source: SL 1976, ch 158, § 11-21; SL 2005, ch 120, § 222.
S.D. Codified Laws § 22-19-9 — SD Code / Title 22 / Chapter 19 / Section 22-19-9
Taking, enticing away, or keeping of unmarried minor child by parent--Misdemeanor--Subsequent violation felony
Status: in_force

Any parent who takes, entices away, or keeps his or her unmarried minor child from the custody or visitation of the other parent, or any other person having lawful custody or right of visitation, in violation of a custody or visitation determination entitled to enforcement by the courts of this state, without prior consent is guilty of a Class 1 misdemeanor. Any subsequent violation of this section is a Class 6 felony.

Source: SL 1979, ch 171, § 7; SL 1980, ch 174, § 1; SL 1985, ch 178, § 1; SL 2005, ch 120, § 118.
S.D. Codified Laws § 22-16-39 — SD Code / Title 22 / Chapter 16 / Section 22-16-39
Incapability of suicide no defense
Status: in_force

It is no defense to a prosecution for aiding suicide that the person who committed or attempted to commit suicide was not a person deemed capable of committing crime.

Source: SDC 1939, § 13.1903 as enacted by SL 1968, ch 31, § 1.
S.D. Codified Laws § 22-30A-9 — SD Code / Title 22 / Chapter 30A / Section 22-30A-9
Diverting services of another
Status: in_force

Any person who, having control over the disposition of services of others, to which that person is not entitled, diverts such services to his or her own benefit or to the benefit of another not entitled thereto, is guilty of theft.

Source: SL 1976, ch 158, § 30A-14; SL 2005, ch 120, § 58.
S.D. Codified Laws § 22-11-31 — SD Code / Title 22 / Chapter 11 / Section 22-11-31
Harassment by threat of fraudulent legal proceedings or liens prohibited--Misdemeanor--Subsequent violation felony
Status: in_force

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

Source: SL 1997, ch 45, § 10; SL 2005, ch 120, § 228.
S.D. Codified Laws § 22-25A-7 — SD Code / Title 22 / Chapter 25A / Section 22-25A-7
Internet betting by person engaged in gambling business prohibited
Status: in_force

Except as provided in § 22-25A-15 , no person engaged in a gambling business may use the internet or an interactive computer service to bet or wager.

Source: SL 2000, ch 106, § 7.
S.D. Codified Laws § 22-30A-17.3 — SD Code / Title 22 / Chapter 30A / Section 22-30A-17.3
Petty theft in the second degree--Misdemeanor
Status: in_force

Theft is petty theft in the second degree, if the value of the property stolen is four hundred dollars or less. Petty theft in the second degree is a Class 2 misdemeanor.

Source: SL 2005, ch 120, § 70.
S.D. Codified Laws § 22-6-1 — SD Code / Title 22 / Chapter 6 / Section 22-6-1
Felony classes and penalties--Restitution--Habitual criminal sentences
Status: in_force

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

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

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

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

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

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

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

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

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

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

If the defendant is under the age of eighteen years at the time of the offense and found guilty of a Class A, B, or C felony, the maximum sentence may be a term of years in a state correctional facility, and a fine of fifty thousand dollars may be imposed.

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

Nothing in this section limits increased sentences for habitual criminals under §§ 22-7-7 , 22-7-8 , and 22-7-8 .1.

Source: SDC 1939, § 13.0606; SL 1976, ch 158, §§ 6-1, 6-4; SL 1977, ch 189, § 16; SL 1978, ch 158, § 4; SL 1979, ch 160, § 1; SL 1980, ch 173, § 8; SL 1985, ch 192, § 2; SL 1997, ch 143, § 5; SL 2005, ch 120, § 148; SL 2013, ch 105, § 1; SL 2016, ch 121, § 1; SL 2023, ch 82, § 10.
S.D. Codified Laws § 22-24A-35 — SD Code / Title 22 / Chapter 24A / Section 22-24A-35
Possessing child pornography--Penalty
Status: in_force

A person is guilty of possessing child pornography if the person knowingly possesses:

(1) Any visual depiction of a minor engaging 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 4 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 one year. 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 five years.

Source: SL 2024, ch 87, § 2.
S.D. Codified Laws § 22-25-34 — SD Code / Title 22 / Chapter 25 / Section 22-25-34
Additional persons who may not have interest in distributorship or manufacturer
Status: in_force

No person who is an officer, director, shareholder, directly or indirectly, partner, or proprietor of a wholesale alcoholic beverage distributorship may be an officer, director, shareholder, partner, proprietor, or employee of a distributorship or manufacturer, nor may the person have any direct or indirect financial interest in the distributorship or in such manufacturer.

Source: SL 1988, ch 188, § 6.
S.D. Codified Laws § 22-40-26 — SD Code / Title 22 / Chapter 40 / Section 22-40-26
Notice of breach of system security in accordance with federal law
Status: in_force

Notwithstanding any other provisions in §§ 22-40-19 to 22-40-26 , inclusive, any information holder that is regulated by federal law or regulation, including the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191, as amended) or the Gramm Leach Bliley Act (15 U.S.C. § 6801 et seq., as amended) and that maintains procedures for a breach of system security pursuant to the laws, rules, regulations, guidance, or guidelines established by its primary or functional federal regulator is deemed to be in compliance with this chapter if the information holder notifies affected South Dakota residents in accordance with the provisions of the applicable federal law or regulation.

Source: SL 2018, ch 135, § 8.
S.D. Codified Laws § 22-32-1 — SD Code / Title 22 / Chapter 32 / Section 22-32-1
First 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, is guilty of first degree burglary if:

(1) The offender inflicts, or attempts or threatens to inflict, physical harm on another;

(2) The offender is armed with a dangerous weapon; or

(3) The offense is committed in the nighttime.

First degree burglary is a Class 2 felony.

Source: SDC 1939, §§ 13.3701, 13.3705 (1); SDCL, § 22-32-2 ; SL 1976, ch 158, § 32-1 ; SL 1989, ch 200, § 1; SL 2005, ch 120, § 107.
S.D. Codified Laws § 22-33-9.5 — SD Code / Title 22 / Chapter 33 / Section 22-33-9.5
Occupied structure defined
Status: in_force

For the purposes of chapter 22-33 , the term, occupied structure, means any structure, vehicle, or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. Property is that of another, for the purposes of this section, if anyone other than the actor has a possessory or proprietary interest in the property. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an occupied structure of another.

Source: SL 2005, ch 120, § 90.
S.D. Codified Laws § 22-24B-6 — SD Code / Title 22 / Chapter 24B / Section 22-24B-6
Commencement or change in enrollment or employment--Report to local law enforcement--Time limit--Violation as felony
Status: in_force

Any person who is registered as required by § 22-24B-2 and who is employed, carries on a vocation, or attends postsecondary classes at an institution of higher education, institution of higher learning, or technical college in this state shall, within three business days of any commencement and within three business days of termination of enrollment or employment or change in employer, report to the chief of police or county sheriff where the institution is located and complete a registration update form. A violation of this section is a Class 6 felony.

Source: SL 2003, ch 125, § 1; SDCL § 22-22-31.3; SL 2005, ch 120, § 415; SL 2006, ch 123, § 5; SL 2010, ch 118, § 2; SL 2020, ch 61, § 53.
S.D. Codified Laws § 22-45-4 — SD Code / Title 22 / Chapter 45 / Section 22-45-4
Action of person aiding provider with goods or services or referring individuals to provider for which additional value received an offense--Violation a felony
Status: in_force

A person commits an offense if he:

(1) Acting on behalf of a provider, purchases or leases goods, services, materials, or supplies for which payment may be made, in whole or in part, under the program and solicits or accepts anything of additional value in return for or in connection with such purchase or lease; or

(2) Sells or leases to or for the use of provider, goods, services, materials, or supplies for which payment may be made, in whole or in part, under the program, and offers, transfers, or pays anything of additional value in connection with or in return for such sale or lease; or

(3) Refers an individual to a provider for the provision of a good or a service for which payment may be made, in whole or in part, under the program, and solicits or accepts anything of value in connection with such referral.

It is an exception to subdivisions (1) and (2) of this section that the additional value transferred is a refund or discount made in the ordinary course of business and reflected by the books and records of the individual, corporation, or association.

A violation of this section is a Class 5 felony.

Source: SL 1986, ch 187, § 4.
S.D. Codified Laws § 22-12A-14 — SD Code / Title 22 / Chapter 12A / Section 22-12A-14
Solicitations and agreements by witnesses--Felony
Status: in_force

Any person who, as a witness or prospective witness in an official proceeding, knowingly solicits, accepts, or agrees to accept any benefit upon the representation or understanding that such person will do any thing described in subdivisions 22-11-19(1) to (4), inclusive, is guilty of a Class 6 felony.

Source: SL 1976, ch 158, § 11-15; SDCL, § 22-11-20 ; SL 2005, ch 120, §§ 215, 217.
S.D. Codified Laws § 22-6-1.2 — SD Code / Title 22 / Chapter 6 / Section 22-6-1.2
Minimum sentence for subsequent felony sex crime conviction
Status: in_force

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

Source: SL 2006, ch 121, § 3.
S.D. Codified Laws § 22-42-5.1 — SD Code / Title 22 / Chapter 42 / Section 22-42-5.1
Unauthorized ingestion of controlled drug or substance--Penalty
Status: in_force

No person may knowingly ingest a controlled drug or substance or have a controlled drug or substance in an altered state in the body unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, acting in the course of the practitioner's professional practice, or except as otherwise authorized by chapter 34-20B . The following penalties apply to a violation of this section:

(1) A first violation is a Class 1 misdemeanor, and the court, in addition to any other sentence, shall order that the person complete a drug and alcohol evaluation and complete supervised probation using evidence-based sentencing practices, which may include the HOPE probation program and other programs as established in chapter 16-22 ;

(2) A second violation is a Class 1 misdemeanor, and the court, in addition to any other sentence, may sentence the person to a period of up to one year in jail, and shall sentence the person to a period of supervised probation using evidence-based practices, which may include the HOPE probation program and other programs as established in chapter 16-22 , and order that the person complete a drug and alcohol evaluation and complete any other recommended course of treatment;

(3) A third or subsequent violation, occurring within ten years of the person's first conviction, is a Class 6 felony;

(4) A violation by an inmate under confinement in a state correctional facility is a Class 5 felony; and

(5) A violation by a person while under parole supervision is a Class 5 felony.

Source: SL 2013, ch 101, § 54; SL 2025, ch 98, § 1; SL 2026, ch 115, § 2.
S.D. Codified Laws § 22-12A-12 — SD Code / Title 22 / Chapter 12A / Section 22-12A-12
Attempt to influence jurors, arbitrators, or referees--Felony
Status: in_force

Any person who attempts to influence a juror, or any person summoned or drawn as a juror, or chosen an arbitrator or appointed a referee, in respect to any verdict or decision in any cause or matter pending, or about to be brought before such person:

(1) By means of any communication, oral or written, had with such person, except in the regular course of proceedings upon the trial of the cause;

(2) By means of any book, paper, or instrument exhibited otherwise than in the regular course of proceedings upon the trial of the cause; or

(3) By publishing any statement, argument, or observation relating to the cause;

Source: SDC 1939, § 13.1207; SDCL, § 16-15-10; SL 1976, ch 158, § 11-11 ; SDCL, § 22-11-16 ; SL 2005, ch 120, §§ 211, 217.
S.D. Codified Laws § 22-24-71 — SD Code / Title 22 / Chapter 24 / Section 22-24-71
Online covered platform--Compliance notice--Time to comply
Status: in_force

If a covered platform is not in substantial compliance with the requirements of § 22-24-69 or 22-24-70 , the attorney general must provide written notice to the covered platform before initiating an action pursuant to § 22-24-69 , 22-24-70 , or 22-24-72 . The attorney general shall identify in the notice the specific provision that is alleged to have been violated, and what measures must be implemented by the covered platform to prevent future violations.

If the covered platform implements the measures stated in the notice and provides the attorney general a written statement under oath that the measures stated in the notice have been implemented, within ninety days of the notice provided under this section, the covered platform is not criminally liable or liable for a civil penalty for any cured violation of § 22-24-69 or 22-24-70 .

Source: SL 2025, ch 95, § 6.
S.D. Codified Laws § 22-3-1 — SD Code / Title 22 / Chapter 3 / Section 22-3-1
Persons capable of committing crimes--Exceptions
Status: in_force

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

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

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

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

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

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

Source: SDC 1939, § 13.0201; SL 1968, ch 28, §§ 1, 2; SL 1976, ch 158, §§ 3-1 , 3-5 ; SL 1983, ch 174, § 3; SL 1985, ch 192, § 10; SL 2005, ch 120, § 370.
S.D. Codified Laws § 22-48-3 — SD Code / Title 22 / Chapter 48 / Section 22-48-3
Proof of assumption of risk
Status: in_force

Notwithstanding other evidence that the victim may adduce relating to the perpetrator's conviction of the crime involving the parties to a claim for relief, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction, or an adjudication as a delinquent child is conclusive proof of the perpetrator's assumption of the risk.

Source: SL 1998, ch 124, § 3.
S.D. Codified Laws § 22-46-9 — SD Code / Title 22 / Chapter 46 / Section 22-46-9
Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor
Status: in_force

Any:

(1) Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical technician, social worker, or any health care professional;

(2) Psychologist, licensed mental health professional, or counselor engaged in professional counseling; or

(3) State, county, or municipal criminal justice employee or law enforcement officer;

A person described in this section is not required to report the abuse, neglect, or exploitation of an elder or adult with a disability if the person knows that another person has already reported to a proper agency the same abuse, neglect, or exploitation that would have been the basis of the person's own report.

Source: SL 2011, ch 119, § 1; SL 2016, ch 120, § 22; SL 2016, ch 128, § 1; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 24, eff. Apr. 13, 2017.
S.D. Codified Laws § 22-24B-14 — SD Code / Title 22 / Chapter 24B / Section 22-24B-14
Duty of court to inform sexual offenders of registration requirement and community safety zone restrictions
Status: in_force

Any person required to register pursuant to §§ 22-24B-1 to 22-24B-14 , inclusive, who is released on probation because of the commission or attempt to commit one of the offenses as described in § 22-24B-1 shall, prior to release be informed of the duty to register under §§ 22-24B-1 to 22-24B-14 , inclusive, and informed of community safety zone restrictions, by the court in which the person was convicted. The court shall require the person to read and sign any forms as may be required by the Division of Criminal Investigation stating that the duty to register, community safety zone restrictions, and the procedure for registration have been explained. The court shall obtain the address where the person plans to reside upon release and shall report the address to the Division of Criminal Investigation. The court shall give one copy of the form to the person and shall send one copy to the Division of Criminal Investigation and one copy to the law enforcement agency having jurisdiction where the person plans to reside upon release.

Source: SL 1994, ch 174, § 8; SL 1995, ch 123, § 10; SDCL, § 22-22-39; SL 2005, ch 120, § 415; SL 2006, ch 125, § 9.
S.D. Codified Laws § 22-18-40 — SD Code / Title 22 / Chapter 18 / Section 22-18-40
Standing on highway with intent to impede or stop traffic--Misdemeanor
Status: in_force

Unless otherwise directed by law enforcement or other emergency personnel or to seek assistance for an emergency or inoperable vehicle, no person may stand upon the paved or improved or main-traveled portion of any highway with intent to impede or stop the flow of traffic. A violation of this section is a Class 1 misdemeanor.

Source: SL 2017, ch 42, § 4, eff. Mar. 13, 2017.
S.D. Codified Laws § 22-40-16 — SD Code / Title 22 / Chapter 40 / Section 22-40-16
Impersonation of officer, employee, firefighter, or person causing injury or fraud--Misdemeanor
Status: in_force

Any person who intentionally impersonates any public officer or employee, civil or military, or any firefighter or any person having special authority by law to perform any act affecting the rights or interests of another, or assumes, without authority, any uniform or badge by which such officer, employee, firefighter, or person is usually distinguished, and in such assumed character does any act whereby another person is injured or defrauded, is guilty of a Class 1 misdemeanor.

Source: SL 1976, ch 158, § 11-24; SDCL, § 22-11-8 ; SL 2005, ch 120, §§ 199, 200.
S.D. Codified Laws § 22-23-1.1 — SD Code / Title 22 / Chapter 23 / Section 22-23-1.1
Sexual activity defined
Status: in_force

As used in this chapter the term, sexual activity, references both sexual penetration, as defined in § 22-22-2 , and sexual contact, as defined in § 22-22-7.1 .

Source: SDCL, § 22-23-1 as added by SL 1976, ch 158, § 23-1 ; SL 2005, ch 120, § 176.
S.D. Codified Laws § 22-22-27 — SD Code / Title 22 / Chapter 22 / Section 22-22-27
Definition of terms--Sex offenses by psychotherapists
Status: in_force

Terms used in §§ 22-22-28 and 22-22-29 mean:

(1) "Emotional dependency," a condition of the patient brought about by the nature of the patient's own emotional condition or the nature of the treatment provided by the psychotherapist which is characterized by significant impairment of the patient's ability to withhold consent to sexual acts or contact with the psychotherapist and which the psychotherapist knows or has reason to know exists;

(2) "Patient," any person who seeks or obtains psychotherapeutic services from a psychotherapist on a regular and ongoing basis;

(3) "Psychotherapist," any physician, psychologist, nurse, chemical dependency counselor, social worker, member of the clergy, marriage and family therapist, mental health service provider, or other person, whether or not licensed or certified by the state, who performs or purports to perform psychotherapy; and

(4) "Psychotherapy," the professional treatment, assessment, or counseling of a mental or emotional illness, symptom, or condition.

Source: SL 1993, ch 178, § 1; SL 2005, ch 120, § 403.
S.D. Codified Laws § 22-24-37 — SD Code / Title 22 / Chapter 24 / Section 22-24-37
Activities and persons excepted
Status: in_force

The provisions of §§ 22-24-27 to 22-24-37 , inclusive, do not apply to any persons who may possess or distribute obscene matter or participate in conduct, otherwise proscribed by those sections, if such possession, distribution, or conduct occurs:

(1) In the course of law enforcement and judicial activities;

(2) In the course of bona fide school, college, university, museum, or public library activities or in the course of employment of such an organization or retail outlet affiliated with and serving the educational purposes of such an organization; or

(3) In the course of employment as a moving picture machine operator, or assistant operator, in a motion picture theater in connection with a motion picture film or show exhibited in such theater if such operator or assistant operator has no financial interest in the motion picture theater wherein that operator or assistant operator is so employed other than wages received or owed;

Source: SL 1973, ch 148; SDCL Supp, § 22-24-12.1; SL 1974, ch 165, § 2; SL 2005, ch 120, § 311.
S.D. Codified Laws § 22-32-17 — SD Code / Title 22 / Chapter 32 / Section 22-32-17
Possession of weapon or tools with intent to commit burglary--Felony
Status: in_force

Any person who has in his or her possession any weapon or instrument specifically designed or adapted for the commission of a burglary or any explosive useful for the commission of a burglary, with the intent to commit a burglary, is guilty of a Class 6 felony.

Source: SDC 1939, § 13.3707; SL 1972, ch 141, § 1; SL 1976, ch 158, § 32-4 ; SL 2005, ch 120, § 111.
S.D. Codified Laws § 22-18-26 — SD Code / Title 22 / Chapter 18 / Section 22-18-26
Assault by convicted or incarcerated person under Department of Corrections jurisdiction--Intentionally causing contact with bodily fluids or human waste--Felony
Status: in_force

Any convicted person or any incarcerated person under the jurisdiction of the Department of Corrections who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a Department of Corrections employee, or visitor, or other person authorized by the Department of Corrections to be on the premises, is guilty of a Class 6 felony.

Source: SL 1997, ch 130, § 1; SL 2005, ch 120, § 11.
S.D. Codified Laws § 22-49-7 — SD Code / Title 22 / Chapter 49 / Section 22-49-7
Obstructing enforcement--Penalty
Status: in_force

Any person who obstructs, attempts to obstruct, or in any way interferes with or prevents the enforcement of §§ 22-49-1 to 22-49-3 , inclusive, is guilty of a Class 4 felony.

Source: SL 2025, ch 99, § 4.
S.D. Codified Laws § 22-29-17 — SD Code / Title 22 / Chapter 29 / Section 22-29-17
Aggregation of amounts from violations with one scheme or course of conduct
Status: in_force

Amounts involved in violations of § 22-29-11 or 22-29-12 , or both, committed pursuant to one scheme or course of conduct, may be aggregated in determining the degree of the offense.

Source: SL 1977, ch 225, § 7; SL 2005, ch 120, § 47.
S.D. Codified Laws § 22-24A-17 — SD Code / Title 22 / Chapter 24A / Section 22-24A-17
Film processors to report suspected violations of child pornography laws--Permitting use of services for child pornography prohibited--Misdemeanor
Status: in_force

Any person working at or for a commercial film and photograph print processor who has knowledge of or observes, within the scope of the processor's professional capacity or employment, a film, photograph, video tape, negative, slide or other visual depiction that depicts a minor whom the processor knows or reasonably should know to be under the age of eighteen, engaged in prohibited sexual acts or in the simulation of prohibited sexual acts, shall report the depiction to his or her employer or supervisor. The depiction shall then be reported to an appropriate law enforcement agency as soon as reasonably possible. The processor need not report to law enforcement depictions involving mere nudity of the minor, but shall report visual depictions involving prohibited sexual acts. This section may not be construed to require a processor to review all films, photographs, videotapes, negatives, or slides delivered to the processor within the processor's professional capacity or employment.

It is unlawful for any owner or operator of a photography or film studio, photograph or film developing service, photograph or film reproducing service, or video to film reproducing service knowingly to permit any person to utilize photograph or film reproduction or development services to produce or reproduce visual depictions of prohibited sexual acts with a minor.

A violation of this section is a Class 1 misdemeanor. However, a violation of this section does not constitute grounds for a civil action for damages against any person.

Source: SL 2002, ch 109, § 24; SDCL, § 22-22-24.17; SL 2005, ch 120, § 407.
S.D. Codified Laws § 22-2-5 — SD Code / Title 22 / Chapter 2 / Section 22-2-5
Power to punish by contempt
Status: in_force

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

Source: SDC 1939, § 13.0112.
S.D. Codified Laws § 22-24B-13 — SD Code / Title 22 / Chapter 24B / Section 22-24B-13
Duty of institutions to inform convicted sex offenders of registration requirements and community safety zone restrictions
Status: in_force

Any person required to register pursuant to §§ 22-24B-1 to 22-24B-14 , inclusive, who is discharged or paroled or temporarily released from an institution of the Department of Corrections or the Department of Human Services or the Department of Social Services or from any jail or other facility in this state where the person was confined because of a conviction of an offense as described in § 22-24B-1 shall, prior to discharge, parole, furlough, work release, or similar program outside the facility, or release, be informed of the duty to register under §§ 22-24B-1 to 22-24B-14 , inclusive, and informed of community safety zone restrictions, by the institution in which the person was confined. The institution shall require the person to read and sign any forms as may be required by the Division of Criminal Investigation stating that the duty to register, community safety zone restrictions, and the procedure for registration have been explained. The institution shall obtain the address where the person plans to reside upon discharge, parole, furlough, work release, or similar program outside the facility, or release and shall report the address to the Division of Criminal Investigation. The institution shall give one copy of the form to the person and shall send one copy to the Division of Criminal Investigation and one copy to the law enforcement agency having jurisdiction where the person plans to reside upon discharge, parole, furlough, work release, or similar program outside the facility, or release, and one copy to the office of the state's attorney in the county in which the person was convicted.

Source: SL 1994, ch 174, § 7; SL 1995, ch 123, § 9; SDCL § 22-22-38 ; SL 2005, ch 120, § 415; SL 2006, ch 125, § 8; SL 2011, ch 1 (Ex. Ord. 11-1 ), § 134, eff. Apr. 12, 2011.
S.D. Codified Laws § 22-22-26.8 — SD Code / Title 22 / Chapter 22 / Section 22-22-26.8
Forensic medical examination--Clinics that provide exams--Policies and procedures
Status: in_force

If a clinic provides forensic medical examinations, the clinic must establish and maintain policies and procedures regarding the administration of the examinations. The policies and procedures must:

(1) Identify the types of providers who administer the examinations;

(2) 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) Address how the clinic coordinates with law enforcement agencies for the processing, storage, and maintenance of the chain of custody of evidence;

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

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

Source: SL 2026, ch 105, § 8.
S.D. Codified Laws § 22-18-38 — SD Code / Title 22 / Chapter 18 / Section 22-18-38
Religion, custom, or consent not a defense to female genital mutilation
Status: in_force

It is not a defense to the provisions of § 22-18-37 that the conduct described is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom the conduct is performed, or the parent or guardian of the individual consented to the procedure.

Source: SL 2015, ch 127, § 2, eff. Mar. 10, 2015.
S.D. Codified Laws § 22-17-13.1 — SD Code / Title 22 / Chapter 17 / Section 22-17-13.1
Unwanted abortion--Intent to coerce by threat--Penalty
Status: in_force

A person is guilty of a Class 5 felony if, with the intent to coerce a pregnant mother to undergo an abortion against her will, the person threatens to commit, against the pregnant mother or any other person within the pregnant mother's presence:

(1) Homicide, murder, or manslaughter, under chapter 22-16 ;

(2) Aggravated assault, under § 22-18-1.1 ; or

(3) Kidnapping, under chapter 22-19 .

A charge brought under this section may be commenced at any time prior to the time the victim attains age twenty-five or within seven years of the commission of the crime, whichever is longer.

Source: SL 2022, ch 61, § 2.
S.D. Codified Laws § 22-40-18 — SD Code / Title 22 / Chapter 40 / Section 22-40-18
Misuse of tribal identification card
Status: in_force

No person may:

(1) Possess any cancelled, fictitious, fraudulently altered, or fraudulently obtained tribal identification card;

(2) Lend the person's tribal identification card to any other person or knowingly permit its use by another;

(3) Display or represent a tribal identification card not issued to the person as being the person's card;

(4) Photograph, duplicate, or in any way reproduce a tribal identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card;

(5) Use a tribal identification card that was obtained by false swearing, fraud, or false statement of any kind or in any form.

A violation of this section is a Class 1 misdemeanor.

Source: SL 2011, ch 13, § 2.
S.D. Codified Laws § 22-7-9 — SD Code / Title 22 / Chapter 7 / Section 22-7-9
Criteria for consideration of prior convictions
Status: in_force

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

Source: SL 1976, ch 158, § 7-4 ; SL 1977, ch 189, § 20; SL 2005, ch 120, § 386.
S.D. Codified Laws § 22-22A-5 — SD Code / Title 22 / Chapter 22A / Section 22-22A-5
Fraudulent assisted reproduction--Definitions
Status: in_force

Terms used in this section and §§ 22-22A-6 to 22-22A-8 , inclusive, mean:

(1) "Assisted reproduction procedure," a method of causing pregnancy, other than through sexual intercourse, including in vitro fertilization and transfer of embryos, intracytoplasmic sperm injection, and intracervical or intrauterine insemination;

(2) "Donor," an individual who donates reproductive material, whether for personal use or compensation; and

(3) "Reproductive material," a human sperm or ovum, or a human organism at any stage of development from fertilized ovum to embryo.

Source: SL 2026, ch 106, § 1.
S.D. Codified Laws § 22-11-23.2 — SD Code / Title 22 / Chapter 11 / Section 22-11-23.2
Authorization of debtor required for filing of financing statement--Violation as misdemeanor
Status: in_force

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

Source: SL 2002, ch 104, § 1.
S.D. Codified Laws § 22-12-10 — SD Code / Title 22 / Chapter 12 / Section 22-12-10
Arrest or seizure of property without process--Misdemeanor
Status: in_force

Any public officer or person pretending to be a public officer, who under the pretense or color of any process or other legal authority, arrests any person, or detains any person against that person's will, or seizes or levies upon any property, or dispossesses any person of any lands or tenements without due and legal process, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1233; SL 1976, ch 158, § 12-5 ; SL 2005, ch 120, § 238.
S.D. Codified Laws § 22-49-3 — SD Code / Title 22 / Chapter 49 / Section 22-49-3
Second degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses
Status: in_force

A person is guilty of human trafficking in the second degree if the person commits human trafficking, as set forth in § 22-49-1 , and the act involves any means of force, threat of force, fraud, coercion, or any combination of means to cause the person to engage in forced labor or involuntary servitude.

Human trafficking in the second degree is a Class 3 felony.

A conviction under this section for a first offense must be punished by a mandatory sentence of at least five years in a state correctional facility, which sentence may not be suspended. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence of at least ten years in a state correctional facility, which sentence may not be suspended.

Source: SL 2011, ch 120, § 3; SL 2019, ch 111, § 2; SL 2020, ch 89, § 3; SL 2025, ch 99, § 3.
S.D. Codified Laws § 22-22-26.4 — SD Code / Title 22 / Chapter 22 / Section 22-22-26.4
Forensic medical examination--Protected person--Informed consent--Notification--Liability or discipline--Good faith determination
Status: in_force

A hospital or clinic may provide a forensic medical examination without the consent of a guardian of a protected person, as those terms are defined under § 29A-5-102 , to any protected person who provides informed consent. If a patient has a guardian, the hospital or clinic must make a good faith effort to notify the guardian, before the forensic medical examination, that the patient provided informed consent for the examination and the examination will take place, unless the guardian is the suspected perpetrator.

If the attending physician, physician assistant, nurse practitioner, or sexual assault nurse examiner makes a good faith determination that a patient is incapable of giving informed consent under this section, neither the physician, physician assistant, nurse practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal prosecution, civil liability, or professional discipline for failing to follow the patient's direction or for making the determination.

If the attending physician, physician assistant, nurse practitioner, or sexual assault nurse examiner makes a good faith determination that a patient is capable of giving informed consent under this section, neither the physician, physician assistant, nurse practitioner, or nurse examiner, nor the hospital or clinic, may be subject to criminal prosecution, civil liability, or professional discipline for following a patient's direction or for making the determination.

For purposes of this section, the term "informed consent" means consent voluntarily, knowingly, and competently given without any element of force, fraud, deceit, duress, threat, or other form of coercion after conscientious explanation of all information that a reasonable person would consider significant to the decision in a manner reasonably comprehensible to general lay understanding.

Source: SL 2020, ch 86, § 1; SL 2025, ch 94, § 4; SL 2026, ch 105, § 4.
S.D. Codified Laws § 22-11-15.8 — SD Code / Title 22 / Chapter 11 / Section 22-11-15.8
Threatening elected officer--Penalty--Provisions superseded
Status: reserved

It is a Class 1 misdemeanor for a person to knowingly and intentionally communicate any written or electronic threat to take the life of or to inflict serious bodily harm upon an elected officer, or the immediate family of an elected officer. The threat must relate to the elected officer's official capacity.

For the purposes of this section, the term "elected officer" means:

(1) Any current or former member of the Legislature;

(2) Any current or former person in local government elective office;

(3) Any current or former school board member; and

(4) Any person who has been elected or appointed to the elective office who has not yet assumed office.

If a threat constitutes a violation of § 22-18-1.1 the provisions of this section are superseded and the penalties provided in § 22-18-1.1 apply.

Source: SL 2024, ch 82, § 2.
S.D. Codified Laws § 22-22-26.2 — SD Code / Title 22 / Chapter 22 / Section 22-22-26.2
Forensic medical examinations--Coordination of cost payment--Notice to victim--Victim not required to participate--Payment terms
Status: in_force

Each hospital and clinic that provides a forensic medical examination under § 22-22-26 shall coordinate with the county to establish a payment process by which the county shall pay for the cost of the examination, and to notify any victim of rape or sexual offense of the availability of an examination at no cost to the victim. A victim of rape or sexual offense is not required to participate in the criminal justice system or to cooperate with law enforcement to be provided with a forensic medical examination.

The amount paid to a hospital or clinic for a forensic medical examination performed under § 22-22-26 may not exceed the actual cost of the examination or an amount established by the secretary of the Department of Social Services, whichever is less. The amount established by the secretary under this section must be based on medicaid payment methodology. A hospital or clinic may not maintain a claim against a county for any amount that exceeds the usual, ordinary, and reasonable charge for a forensic medical examination, even if the amount is less than the actual cost of the examination. If the hospital or clinic provides forensic medical examinations, or any portion of an examination, to persons who are medically indigent residing in the county in which the hospital or clinic is located, at a cost less than the amount provided for in this section, the hospital or clinic must furnish the examination, or any applicable portion of the examination, at the lower cost.

Source: SL 2018, ch 131, § 3; SL 2026, ch 105, § 2.
S.D. Codified Laws § 22-22A-1 — SD Code / Title 22 / Chapter 22A / Section 22-22A-1
Bigamy--Exceptions--Felony
Status: in_force

Any person who, while married to another presently living person, marries any other person, is guilty of bigamy. The provisions of this section do not apply to:

(1) Any person, if that person's husband or wife has been absent for five successive years and is not known to be living by such person;

(2) Any person, if that person's husband or wife has absented himself or herself from such spouse by being outside the United States, continuously for at least five years;

(3) Any person, if that person's marriage has been pronounced void, annulled, or dissolved by a competent court; or

(4) Any person, presently married, who believes, in good faith, and has reason to believe, that the marriage has been pronounced void, annulled, or dissolved by a competent court.

Bigamy is a Class 6 felony.

Source: SDC 1939, § 13.1713; SL 1976, ch 158, § 22-6 ; SL 2000, ch 104, § 1; SDCL, § 22-22-15 ; SL 2005, ch 120, §§ 19, 23.
S.D. Codified Laws § 22-40-15 — SD Code / Title 22 / Chapter 40 / Section 22-40-15
Making or possessing forgery or counterfeiting devices--Felony
Status: in_force

Any person who:

(1) Makes or possesses, with knowledge of its character, any plate, die, or other device, apparatus, equipment, or article specifically designated for use in counterfeiting, unlawfully simulating, or otherwise forging, written instruments;

(2) Makes or possesses any device, apparatus, equipment, or article capable of or adaptable to a use specified in subdivision (1) of this section, with intent to use it or to aid or permit another to use it, for the purpose of forgery; or

(3) Possesses a genuine plate, die, or other device used in the production of written instruments, with intent to defraud;

Source: SDC 1939, §§ 13.4101 (2), 13.4123; SDCL, §§ 22-39-9, 22-39-11; SL 1976, ch 158, § 39-3 ; SDCL, § 22-39-37 ; SL 2005, ch 120, § 105, 106.
S.D. Codified Laws § 22-24B-19.2 — SD Code / Title 22 / Chapter 24B / Section 22-24B-19.2
Tier III offender defined
Status: in_force

Any person, who is on the sex offender registry and who is not eligible for removal pursuant to §§ 22-24B-19 and 22-24B-19.1 , is a Tier III offender.

Source: SL 2010, ch 119, § 3.
S.D. Codified Laws § 22-24-70 — SD Code / Title 22 / Chapter 24 / Section 22-24-70
Online covered platform--Sale or retention of identifying information prohibited--Penalty
Status: in_force

A covered platform or third party that performs the age verification required by § 22-24-69 , on behalf of a covered platform, may not sell or retain any identifying information of an individual collected by the covered platform or third party for the age verification.

A violation of this section is a Class 1 misdemeanor. A subsequent violation of this section is a Class 6 felony.

Source: SL 2025, ch 95, § 5.
S.D. Codified Laws § 22-24B-25 — SD Code / Title 22 / Chapter 24B / Section 22-24B-25
Inconsistent local ordinances on residence and community access prohibited
Status: in_force

No city, county, municipality, or township may, by local ordinance, restrict or mitigate residence or community access for convicted sex offenders inconsistent with the provisions of §§ 22-24B-22 to 22-24B-28 , inclusive.

Source: SL 2006, ch 125, § 4.
S.D. Codified Laws § 22-24B-12 — SD Code / Title 22 / Chapter 24B / Section 22-24B-12
Written notice of new location or address required--Time limit--Violation as felony
Status: in_force

Any person who is required to register as a sex offender pursuant to the provisions of this chapter, and who moves to a different location or residence address shall inform the law enforcement agency where the person last registered of the person's new location or address, in writing, within three business days. The law enforcement agency shall, within three days of receipt of the person's information under this section, forward the information to the Division of Criminal Investigation and to the law enforcement agency having jurisdiction over the person's new location or residence. A failure to register pursuant to this section is a Class 6 felony for a first offense. Any second or subsequent violation of the provisions of this section is a Class 5 felony.

Source: SL 1994, ch 174, § 5; SL 2002, ch 110, § 4; SDCL § 22-22-36 ; SL 2005, ch 120, § 415; SL 2006, ch 123, § 9; SL 2008, ch 111, § 1; SL 2011, ch 117, § 1; SL 2018, ch 133, § 1.
S.D. Codified Laws § 22-30A-14 — SD Code / Title 22 / Chapter 30A / Section 22-30A-14
Affirmative defense to conversion of leased or rented personalty
Status: in_force

The following factors, taken as a whole, constitute an affirmative defense to a prosecution commenced under § 22-30A-13 :

(1) That the lessee accurately stated his or her name and address at the time of rental;

(2) That the lessee's failure to return the item at the expiration date of the rental contract was lawful;

(3) That the lessee failed to receive the lessor's notice personally; and

(4) That the lessee returned the personal property to the owner or lessor within forty-eight hours of receiving notice of the commencement of prosecution, together with any charges for the overdue period and the value of damages to the personal property, if any.

Source: SL 1976, ch 158, § 30A-21; SL 2005, ch 120, § 64.
S.D. Codified Laws § 22-24-33 — SD Code / Title 22 / Chapter 24 / Section 22-24-33
Misrepresentation of age by minor--Misdemeanor
Status: in_force

A minor is guilty of a Class 2 misdemeanor if that minor misrepresents his or her age for the purpose of obtaining admission to any motion picture, show, or other presentation which is harmful to minors.

Source: SL 1974, ch 165, § 19 (2); SL 1976, ch 158, § 24-8 ; SL 2005, ch 120, § 309.
S.D. Codified Laws § 22-12-7 — SD Code / Title 22 / Chapter 12 / Section 22-12-7
Deposit in post office or delivery for forwarding as proof of uttering
Status: in_force

In prosecutions for any violation of § 22-12-5 , the prosecution may show that the simulating document was deposited in the post office for mailing or was delivered to any person with intent to be forwarded, and such showing is sufficient proof of the sending or delivery.

Source: SL 1964, ch 34, § 3; SL 2005, ch 120, § 236.
S.D. Codified Laws § 22-25A-10 — SD Code / Title 22 / Chapter 25A / Section 22-25A-10
Violation a felony
Status: in_force

Any person who violates § 22-25A-7 or § 22-25A-8 is guilty of a felony as follows:

(1) For a first offense, a Class 6 felony;

(2) For a second or subsequent offense, a Class 5 felony.

Source: SL 2000, ch 106, § 10.
S.D. Codified Laws § 22-25-41 — SD Code / Title 22 / Chapter 25 / Section 22-25-41
Furnishing of coin-operated machines and mechanical pull-tab dispensing devices prohibited--Exceptions--Premises used--Proceeds retained
Status: in_force

Except as otherwise provided in this section, no coin-operated machine or mechanical pull-tab dispensing device may be sold or otherwise furnished to any organization in this state by a distributor or manufacturer.

A distributor or manufacturer may sell or furnish a coin or bill operated mechanical pull-tab dispensing device if the device is only sold or furnished to and only used by a:

(1) Fraternal or charitable organization;

(2) Local civic, service, or booster club;

(3) Volunteer fire department; or

(4) Congressionally chartered veteran's organization that qualifies under § 22-25-25.1 .

A device sold or furnished under this section may be used at an establishment licensed pursuant to subdivision 35-4-2 (4), (6), (12), or (16) that is not owned or operated by the person authorized to purchase the device. Each person authorized to purchase the device is limited to placing one device in no more than two establishments that are not owned or operated by the person. No establishment may have more than one device placed within it. All proceeds from the operation of the device must be retained by the person authorized to purchase the device.

Source: SL 1988, ch 188, § 13; SL 1994, ch 169; SL 2004, ch 156, § 1; SL 2012, ch 129, § 1; SL 2022, ch 66, § 9; SL 2026, ch 109, § 2.
S.D. Codified Laws § 22-11-14 — SD Code / Title 22 / Chapter 11 / Section 22-11-14
Judicial officer defined
Status: in_force

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

Source: SL 1976, ch 158, § 11-9 .
S.D. Codified Laws § 22-3-3 — SD Code / Title 22 / Chapter 3 / Section 22-3-3
Aiding, abetting or advising--Accountability as principal
Status: in_force

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

Source: SDC 1939, § 13.0203; SL 1976, ch 158, § 3-2 ; SL 2005, ch 120, § 372.
S.D. Codified Laws § 22-30-6 — SD Code / Title 22 / Chapter 30 / Section 22-30-6
Degrees of robbery
Status: in_force

Robbery, if accomplished by the use of a dangerous weapon, or by the use of a physical object simulating a dangerous weapon, is robbery in the first degree. Robbery, if accomplished in any other manner, is robbery in the second degree.

Source: SDC 1939, § 13.2603; SL 2005, ch 120, § 28; SL 2007, ch 146, § 1.
S.D. Codified Laws § 22-16-8 — SD Code / Title 22 / Chapter 16 / Section 22-16-8
Lack of intent to injure not reducing degree of crime
Status: in_force

Homicide perpetrated by an act imminently dangerous to others and evincing a depraved mind, without regard for human life, is not the less murder because there was no actual intent to injure others.

Source: SDC 1939, § 13.2007 (4); SL 2005, ch 120, § 157.
S.D. Codified Laws § 22-25-52 — SD Code / Title 22 / Chapter 25 / Section 22-25-52
Maximum duration of lottery--Refund of ticket price--Remittance of unclaimed refund--Deceptive trade practice
Status: in_force

No lottery may continue for longer than eighteen months after the date on which the first ticket is sold. If an organization determines that a drawing cannot be held within eighteen months, the organization shall within thirty days notify all purchasers that the lottery cannot be completed or prize awarded, and that each purchaser is entitled to a full refund of the ticket price upon the submission of a request for refund. If a purchaser fails to contact the organization and request a refund within one hundred eighty days after the notice was given, the organization shall remit the unclaimed refund amount to the Office of State Treasurer as unclaimed property pursuant to chapter 43-41B .

A violation of the provisions of this section constitutes a deceptive act or practice pursuant to the provisions of § 37-24-6 .

Source: SL 2015, ch 133, § 1.
S.D. Codified Laws § 22-25-25 — SD Code / Title 22 / Chapter 25 / Section 22-25-25
Bingo or lottery permitted--Conditions
Status: in_force

The game, bingo, as defined in § 22-25-23 , or lottery, as defined in § 22-25-24 , may not be construed as gambling or as a lottery within the meaning of § 22-25-1 , if:

(1) The bingo game or lottery is conducted by a:

(a) Bona fide congressionally chartered veterans' organization;

(b) Religious, charitable, educational, or fraternal organization;

(c) Local civic, service, or booster club;

(d) Political party;

(e) Volunteer fire department;

(f) Local industrial development corporation as defined in § 5-14-23 ; or

(g) Political action committee or political committee on behalf of any candidate for a political office, which exists under the laws of this state;

(2) The proceeds therefrom do not directly benefit any individual;

(3) No separate organization or professional person is employed to conduct the bingo game or lottery, or assist therein, except as provided in § 22-25-41 ;

(4) No compensation of any kind in excess of the state minimum wage per hour or sixty dollars, whichever is greater, is paid to any person for services rendered during any bingo session in connection with the conduct of the bingo game or in consideration of any lottery. The provisions of this subdivision do not apply to games or lotteries conducted in connection with:

(a) A county fair conducted pursuant to § 7-27-3 ;

(b) The state fair conducted pursuant to chapter 1-21 ; or

(c) A civic celebration recognized by resolution or other similar official action of the governing body of a county, municipality, or village;

(5) No prize in excess of two thousand dollars is awarded at any one play of bingo;

(6) The actual value of any lottery prize is stated before any chances for the lottery are sold. A lottery prize of a stated amount of dollars in value may be given to a person who sells a winning lottery ticket or share as long as the winning lottery ticket or share is selected at random;

(7) The organizations authorized under subdivision (1) of this section, before conducting a bingo game or before selling any chances for a lottery, give thirty days' written notice of the time and place thereof to the governing body or designated administrative official of the county or municipality in which it intends to conduct the bingo game or lottery, and the governing body does not pass a resolution objecting thereto. Any organization that conducts a lottery and sells tickets or shares for the lottery state-wide shall provide written notice of the lottery pursuant to this subdivision only to the secretary of state and to the governing body where the drawing for the lottery is held. A municipality pursuant to § 9-29-5 may by ordinance prohibit within the municipality the sale of lottery tickets or shares for the lottery issued pursuant to this section; and

(8) No organization authorized to conduct a bingo game or lottery under subdivision (1) of this section enters into any lease or agreement with any other person or organization to provide equipment or services associated with the conduct of a bingo game or lottery. This subdivision does not apply to any device provided under § 22-25-41 , or to any lease or agreement with a distributor to provide bingo or lottery equipment and supplies.

Source: SL 1970, ch 247, § 4 (1); SL 1973, ch 149, § 4; SL 1976, ch 158, § 25-8; SL 1984, ch 168; SL 1985, ch 184; SL 1987, ch 167; SL 1989, ch 198, § 1; SL 1991, ch 191; SL 1991, ch 192; SL 1992, ch 60, § 2; SL 2001, ch 113, § 1; SL 2006, ch 127, § 1; SL 2010, ch 122, § 1; SL 2013, ch 109, § 1; SL 2022, ch 66, § 1; SL 2026, ch 109, § 1.
S.D. Codified Laws § 22-18-33 — SD Code / Title 22 / Chapter 18 / Section 22-18-33
Informed consent of person exposed to HIV an affirmative defense
Status: in_force

It is an affirmative defense to prosecution pursuant to § 22-18-31 , if it is proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance consent to the action with that knowledge.

Source: SL 2000, ch 99, § 3; SL 2005, ch 120, § 18.
S.D. Codified Laws § 22-30A-32 — SD Code / Title 22 / Chapter 30A / Section 22-30A-32
Notice of dishonor required before prosecution for theft by insufficient funds--Check or theft by no account check--Presumption of service--Waiting period
Status: in_force

The holder of an insufficient funds check or no account check shall, before presenting the check to the state's attorney for prosecution, serve a notice of dishonor upon the writer of the check, by registered or certified mail, return receipt requested, or by first class mail, supported by an affidavit of mailing sworn and retained by the sender, in the United States mail and addressed to the recipient's most recent address known to the sender. If the notice is mailed, and not returned as undeliverable by the United States Postal Service, notice is conclusively presumed to have been given on the date of mailing. The holder of the dishonored check, whether it be a no account check or insufficient funds check, shall, upon return of the receipt, hold the check for a period of at least thirty days if notice is given by first class mail, and upon the expiration of that period shall present the check with the attached bank return, return receipt or affidavit of mailing, and copy of the dishonor notice to the state's attorney for prosecution.

Source: SL 1973, ch 153, § 8; SL 1976, ch 158, § 41-4 ; SL 2003, ch 128, § 1; SDCL, § 22-41-3.1 ; SL 2005, ch 120, §§ 139, 140.
S.D. Codified Laws § 22-19A-17 — SD Code / Title 22 / Chapter 19A / Section 22-19A-17
Defendant prohibited from contacting victim prior to court appearance--Misdemeanor
Status: in_force

While in custody after arrest for assault or stalking, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, until the defendant's initial court appearance or until such contact or communication is specifically authorized by the court. Willful violation of this section is a Class 1 misdemeanor.

Source: SL 2000, ch 102, § 1; SL 2010, ch 114, § 2.
S.D. Codified Laws § 22-24-58 — SD Code / Title 22 / Chapter 24 / Section 22-24-58
Obscene material defined
Status: in_force

For the purposes of §§ 22-24-55 to 22-24-59 , inclusive, obscene material is defined pursuant to subdivision 22-24-27 (12).

Source: SL 1999, ch 76, § 4; SL 2005, ch 120, § 314; SL 2025, ch 95, § 3.
S.D. Codified Laws § 22-14-15.2 — SD Code / Title 22 / Chapter 14 / Section 22-14-15.2
Possession of firearm by one convicted of misdemeanor crime involving domestic violence--Misdemeanor--Civil rights restored--Repeal of section--Order restoring rights
Status: in_force

No person who has been convicted of any misdemeanor crime involving an act of domestic violence may possess or have control of a firearm for a period of one year from the date of conviction. Any violation of this section is a Class 1 misdemeanor. At the end of the one-year period, any civil rights lost as a result of this provision shall be restored. Any person who has lost their right to possess or have control of a firearm as a result of a misdemeanor conviction involving an act of domestic violence, prior to July 1, 2005, shall be restored to those civil rights one year after July 1, 2005. This section shall be repealed on the date when any federal law restricting the right to possess firearms for misdemeanor domestic violence convictions is repealed.

Once eligible under the statute, a person convicted under this section may petition the convicting court for an order reflecting the restoration of any firearm rights lost, if the person has not been convicted within the prior year of a crime for which firearm rights have been lost. A petition filed under this section shall be verified by the petitioner and served upon the states attorney in the county where the conviction occurred. Thirty days after service upon the states attorney, the court shall enter the order, if the court finds that the petitioner is eligible for relief under this section.

Source: SL 2005, ch 120, § 269.
S.D. Codified Laws § 22-19A-14 — SD Code / Title 22 / Chapter 19A / Section 22-19A-14
Modification of terms of protection order
Status: in_force

Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection.

Source: SL 1997, ch 131, § 7.
S.D. Codified Laws § 22-22A-3.1 — SD Code / Title 22 / Chapter 22A / Section 22-22A-3.1
Aggravated incest--Foster child--Felony
Status: in_force

Any person eighteen years of age or older, who knowingly engages in an act of sexual penetration with a person who is less than eighteen years of age and who, at the time of the offense, has been placed, and resides, in a licensed foster home is guilty of aggravated incest if the perpetrator is:

(1) The licensed foster care provider; or

(2) A resident of the licensed foster care provider's home and related to the licensed foster care provider by blood or marriage.

Aggravated incest is a Class 3 felony.

Source: SL 2008, ch 109, § 2.
S.D. Codified Laws § 22-24B-31 — SD Code / Title 22 / Chapter 24B / Section 22-24B-31
Foreign criminal conviction registration--Time limit--Violation as felony
Status: in_force

Any person with a foreign criminal conviction, which requires the person to register either as a sex offender pursuant to § 22-24B-2 , pursuant to the laws of the state where the conviction took place, or pursuant to any court order, shall be required to register within three business days of their arrival in South Dakota. A violation of this section is a Class 4 felony.

Source: SL 2006, ch 121, § 11; SL 2010, ch 118, § 4.
S.D. Codified Laws § 22-14-14 — SD Code / Title 22 / Chapter 14 / Section 22-14-14
Armed felony to be charged separately from principal felony charge--No offense charged when dangerous weapon an element of principal felony
Status: in_force

A violation of § 22-14-12 shall be charged in the indictment or information as a separate count in addition to the principal felony or attempted felony alleged to have been committed. No offense may be charged under those sections if the use of a dangerous weapon is a necessary element of the principal felony alleged to have been committed or attempted.

Source: SL 1976, ch 158, § 14-8; SL 2005, ch 120, § 254.
S.D. Codified Laws § 22-33-10 — SD Code / Title 22 / Chapter 33 / Section 22-33-10
Burning within a structure where person is lawfully confined--Felony
Status: in_force

Any person who intentionally and without authorization of the person in charge of a place of confinement, sets fire to, burns, or causes to be burned any material, object, or substance within a structure knowing there is lawfully confined therein any person, is guilty of a Class 6 felony.

Source: SL 1981, ch 180; SL 2005, ch 120, § 96.
S.D. Codified Laws § 22-6-5.1 — SD Code / Title 22 / Chapter 6 / Section 22-6-5.1
Double sentence for crime by prisoner-Exception
Status: in_force

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

Source: SL 1961, ch 50, § 2; SDCL, § 23-48-42; SL 1978, ch 185, § 18; SL 2005, ch 120, § 429; SL 2006, ch 117, § 4.
S.D. Codified Laws § 22-30A-46 — SD Code / Title 22 / Chapter 30A / Section 22-30A-46
Public official's use of public funds for official's financial benefit as theft
Status: in_force

Any public official who knowingly uses funds or property that has been entrusted to the public official in violation of the public trust and that results in a direct financial benefit to the public official commits a direct criminal conflict of interest.

Any public official who commits a direct criminal conflict of interest is guilty of theft.

Source: SL 2017, ch 98, § 2.
S.D. Codified Laws § 22-11A-5 — SD Code / Title 22 / Chapter 11A / Section 22-11A-5
Concealment of escaped prisoner--Felony
Status: in_force

Any person who conceals any prisoner knowing that the prisoner has escaped is guilty of a Class 5 felony.

Source: SDC 1939, § 13.1228; SDCL, § 24-12-5; SL 1978, ch 185, § 13; SDCL Supp, § 24-12-12; SL 2005, ch 120, § 322.
S.D. Codified Laws § 22-46-10 — SD Code / Title 22 / Chapter 46 / Section 22-46-10
Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--Violation as misdemeanor
Status: in_force

Any staff member of a nursing facility, assisted living facility, adult day care center, or community support provider, or any residential care giver, individual providing homemaker services, victim advocate, or hospital personnel engaged in the admission, examination, care, or treatment of elderly or disabled adults who knows, or has reasonable cause to suspect, that an elderly or disabled adult has been or is being abused or neglected, shall, within twenty-four hours, notify the person in charge of the institution where the elderly or disabled adult resides or is present, or the person in charge of the entity providing the service to the elderly or disabled adult, of the suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of § 22-46-9 . Any person who knowingly fails to make the required report is guilty of a Class 1 misdemeanor.

Source: SL 2011, ch 119, § 2.
S.D. Codified Laws § 22-22-1.2 — SD Code / Title 22 / Chapter 22 / Section 22-22-1.2
Minimum sentences for rape or sexual contact with child
Status: in_force

If any adult is convicted of any of the following violations, the court shall impose the following minimum sentences:

(1) For a violation of subdivision 22-22-1(1), fifteen years for a first offense; and

(2) For a violation of § 22-22-7 if the victim is less than thirteen years of age, ten years for a first offense.

Source: SL 1992, ch 164, § 1; SL 2005, ch 120, § 392; SL 2006, ch 121, § 1.
S.D. Codified Laws § 22-40-11 — SD Code / Title 22 / Chapter 40 / Section 22-40-11
Reencoder and scanning device defined
Status: in_force

Terms used in §§ 22-40-11 to 22-40-14 , inclusive, mean:

(1) "Reencoder," any electronic device that places encoded information from the magnetic strip or stripe of a payment card or a computer chip embedded in a payment card onto the magnetic strip or stripe or computer chip of a different payment card;

(2) "Scanning device," any scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe or on a computer chip of a payment card.

Source: SL 2003, ch 131, § 1; SDCL § 22-30A-8.2 ; SL 2005, ch 120, §§ 84, 85; SL 2019, ch 110, § 4.
S.D. Codified Laws § 22-18-1 — SD Code / Title 22 / Chapter 18 / Section 22-18-1
Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states
Status: in_force

A person is guilty of simple assault, a Class 1 misdemeanor, if the person:

(1) Attempts to cause bodily injury to another and has the actual ability to cause the injury;

(2) Recklessly causes bodily injury to another;

(3) Negligently causes bodily injury to another with a dangerous weapon;

(4) Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or

(5) Intentionally causes bodily injury to another which does not result in serious bodily injury.

If the defendant has been convicted of, or entered a plea of guilty to, two or more violations of simple assault under this section, simple assault or aggravated assault under § 22-18-1.05 , aggravated assault under § 22-18-1.1 , assault under § 22-18-26 , intentional contact with bodily fluids under § 22-18-26 .1, or assault under § 22-18-29 , within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.

Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of a crime described in this section and occurring within ten years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a subsequent offense.

Source: SDC 1939, §§ 13.2401, 13.2403; SDCL § 22-18-8; SL 1973, ch 147; SL 1976, ch 158, § 18-1 ; SL 1980, ch 173, § 2; SL 1981, ch 174; SL 1998, ch 132, § 1; SL 1999, ch 117, § 1; SL 2005, ch 120, § 1; SL 2011, ch 115, § 1; SL 2019, ch 108, § 1; SL 2021, ch 92, § 1.
S.D. Codified Laws § 22-1-8 — SD Code / Title 22 / Chapter 1 / Section 22-1-8
Act not deemed criminal unless prohibited by statute
Status: in_force

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

Source: SDC 1939, § 13.0103; SL 2005, ch 120, § 362.
S.D. Codified Laws § 22-8-13 — SD Code / Title 22 / Chapter 8 / Section 22-8-13
Terrorist threat--Felony
Status: in_force

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

(1) Intimidate or coerce a civilian population;

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

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

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

Source: SL 2005, ch 120, § 189.
S.D. Codified Laws § 22-21-4.1 — SD Code / Title 22 / Chapter 21 / Section 22-21-4.1
Prohibited recording or manipulated image--Definitions
Status: in_force

Terms used in § 22-21-4 mean:

(1) "Digitally fabricated material," an image, photograph, video, or other visual depiction that:

(a) Appears to an ordinary person to be an authentic depiction of an identifiable individual; and

(b) Is adapted, generated, or modified to falsely depict an individual's appearance, conduct, or voice; and

(2) "Identifiable," recognizable as a specific individual by the individual's face, likeness, or other distinguishing characteristics.

Source: SL 2026, ch 104, § 2.
S.D. Codified Laws § 22-10A-3 — SD Code / Title 22 / Chapter 10A / Section 22-10A-3
Allegation of gang membership filed as separate information
Status: in_force

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

Source: SL 1992, ch 159, § 3; SDCL, § 22-10-16; SL 2005, ch 120, §§ 354, 355.
S.D. Codified Laws § 22-23-2 — SD Code / Title 22 / Chapter 23 / Section 22-23-2
Promoting prostitution--Felony
Status: in_force

Any person who:

(1) Encourages, induces, procures, or otherwise purposely causes another to become or remain a prostitute;

(2) Promotes the prostitution of a minor; or

(3) Promotes the prostitution of his or her spouse, child, ward, or other dependant person;

Source: SDC 1939, § 13.2706; SL 1976, ch 158, § 23-3 ; SL 1977, ch 189, § 54; SL 2005, ch 120, § 177.
S.D. Codified Laws § 22-12A-18 — SD Code / Title 22 / Chapter 12A / Section 22-12A-18
Fraudulent alteration of bill after passage as felony
Status: in_force

Any person who fraudulently alters a bill which has been passed by the Legislature of this state, with intent to have it approved by the Governor, certified by the secretary of state, or printed or published by the printer of the statutes, in language different from that in which it was passed by the Legislature, is guilty of a Class 6 felony.

Source: SDC 1939, § 13.1007; SL 1979, ch 15, § 7; SDCL, § 2-7-21 ; SL 2005, ch 120, §§ 427, 428; SL 2006, ch 130, § 5.
S.D. Codified Laws § 22-33-9.2 — SD Code / Title 22 / Chapter 33 / Section 22-33-9.2
Second degree arson--Felony
Status: in_force

Any person who starts a fire or causes an explosion with the intent to:

(1) Destroy any unoccupied structure of another; or

(2) Destroy or damage any property, whether his or her own or another's, to collect insurance for such loss;

Source: SL 2005, ch 120, § 87.
S.D. Codified Laws § 22-18-5 — SD Code / Title 22 / Chapter 18 / Section 22-18-5
Reasonable force used by parent, guardian, or teacher in correcting child, pupil, or ward
Status: in_force

To use or attempt to use or offer to use force upon or toward the person of another is not unlawful if committed by a parent or the authorized agent of any parent, or by any guardian, teacher, or other school official, in the exercise of a lawful authority to restrain or correct the child, pupil, or ward and if restraint or correction has been rendered necessary by the misconduct of the child, pupil, or ward, or by the child's refusal to obey the lawful command of such parent, or authorized agent, guardian, teacher, or other school official, and the force used is reasonable in manner and moderate in degree.

Source: SDC 1939, § 13.2402 (4); SL 1976, ch 158, § 18-3 ; SL 1977, ch 189, § 48; SL 1990, ch 128, § 2; SL 2005, ch 120, § 9.
S.D. Codified Laws § 22-22-24.3 — SD Code / Title 22 / Chapter 22 / Section 22-22-24.3
Sexual exploitation of a minor--Felonies--Assessment
Status: in_force

A person is guilty of sexual exploitation of a minor if the person causes or knowingly permits a minor to engage in an activity or the simulation of an activity that:

(1) Is harmful to minors;

(2) Involves nudity; or

(3) Is obscene.

Consent to performing these proscribed acts by a minor or a minor's parent, guardian, or custodian, or mistake as to the minor's age is not a defense to a charge of violating this section.

A violation of this section is a Class 6 felony. If a person is convicted of a second or subsequent violation of this section within fifteen years of the prior conviction, the violation a Class 5 felony.

The court shall order an assessment pursuant to § 22-22-1.3 of any person convicted of violating this section.

Source: SL 2002, ch 109, § 8; SL 2005, ch 120, § 401; SL 2006, ch 121, § 7.
S.D. Codified Laws § 22-34-1.1 — SD Code / Title 22 / Chapter 34 / Section 22-34-1.1
Aggregation of injuries, damages, or destruction permissible
Status: in_force

The injuries, damages, or destruction resulting from violations of § 22-34-1 committed pursuant to one scheme or course of conduct may be aggregated to determine the degree of the offense regardless of whether such injuries, damage, or destruction affected the property of one or more persons.

Source: SL 1990, ch 164, § 2; SL 2005, ch 120, § 98.
S.D. Codified Laws § 22-46-14 — SD Code / Title 22 / Chapter 46 / Section 22-46-14
Additional penalties against perpetrator for exploitation
Status: in_force

In addition to the damages prescribed in § 22-46-13 , the court may impose the following penalties:

(1) Revoke, in whole or in part, any revocable:

(a) Provision by the elder or adult with a disability that is contained in a governing instrument that confers a general or nongeneral power of appointment on the perpetrator; and

(b) Nomination or appointment by the elder or adult with a disability that is contained in a governing instrument that nominates or appoints the perpetrator to serve in any fiduciary or representative capacity, including serving as a personal representative, executor, guardian, conservator, trustee, attorney in fact, or agent;

(2) Sever the interests of the elder or adult with a disability and the perpetrator in any property that is held by them at the time of the violation as joint tenants with the right of survivorship and transform the interests of the elder or adult with a disability and the perpetrator into tenancies in common. To the extent that the perpetrator did not provide adequate consideration for the jointly held interest, the court may cause the person's interest in the subject property to be forfeited in whole or in part.

Source: SL 2016, ch 120, § 29.
S.D. Codified Laws § 22-1-9 — SD Code / Title 22 / Chapter 1 / Section 22-1-9
Official possession of prohibited objects permitted
Status: in_force

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

Source: SL 1976, ch 158, § 1-5 ; SL 2005, ch 120, § 363.
S.D. Codified Laws § 22-13-20 — SD Code / Title 22 / Chapter 13 / Section 22-13-20
Funeral services defined
Status: in_force

For the purposes of §§ 22-13-17 to 22-13-20 , inclusive, funeral services are any ceremony, procession, or memorial held in connection with the burial or cremation of a deceased person.

Source: SL 2006, ch 118, § 4.
S.D. Codified Laws § 22-25A-2 — SD Code / Title 22 / Chapter 25A / Section 22-25A-2
Gambling business defined
Status: in_force

For the purposes of this chapter, the term, gambling business, means a business that is conducted at a gambling establishment or involves the placing, receiving, or making of bets or wagers or offers to engage in the placing, receiving, or making of bets or wagers.

Source: SL 2000, ch 106, § 2.
S.D. Codified Laws § 22-24-68 — SD Code / Title 22 / Chapter 24 / Section 22-24-68
Prepaid adult entertainment cards subject to seizure and destruction
Status: in_force

As a public nuisance, all prepaid adult entertainment cards and prepaid adult entertainment telephone cards are subject to seizure and destruction without compensation by any law enforcement agency with appropriate jurisdiction.

Source: SL 2002, ch 112, § 9.
S.D. Codified Laws § 22-24A-15 — SD Code / Title 22 / Chapter 24A / Section 22-24A-15
Property subject to forfeiture
Status: in_force

Any person who is convicted of an offense under §§ 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 , 43-43B-1 to 43-43B-3 , inclusive, and 22-23-2 , 22-23-8 , and 22-23-9 , or under 18 U.S.C. §§ 1466A, 1470, 1591, 2251, 2251A, 2252, 2252A, 2252B, 2252C, 2260, 2421, 2422, and 2423, as of January 1, 2016, shall forfeit to the state, pursuant to chapter 23A-49 , the person's interest in the following and no property right exists in them:

(1) Any photograph, film, videotape, book, digital media or visual depiction that has been manufactured, distributed, purchased, possessed, acquired, or received in violation of §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive;

(2) Any material, product, and equipment of any kind that is used or intended for use in manufacturing, processing, publishing, selling, possessing, or distributing any visual depiction proscribed by §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive;

(3) Any property that is used, or intended for use, as a container for property described in subdivisions (1) and (2) of this section, including any computers and digital media;

(4) Any conveyances including aircraft, vehicles, or vessels, that transport, possess, or conceal, or that is used, or intended for use, to transport, or in any manner facilitate any activity proscribed under §§ 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;

(5) Any book, record, and research, including microfilm, tape, and data that is used, or intended for use, in violation of §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive;

(6) Any funds or other things of value used for the purposes of unlawfully carrying out any activity 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 , 43-43B-1 to 43-43B-3 , inclusive, and 22-23-2 , 22-23-8 , and 22-23-9 ; and

(7) Any asset, interest, profit, income, and proceed acquired or derived from the unlawful activity 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 , 43-43B-1 to 43-43B-3 , inclusive, and 22-23-2 , 22-23-8 , and 22-23-9 .

Any property described in subdivision (1) of this section shall be deemed contraband and shall be summarily forfeited to the state. Property described in subdivisions (2), (3), (5), (6), and (7) is subject to forfeiture under the terms of § 23A-49-14 , and property described in subdivision (4) is subject to forfeiture under the terms of § 23A-49-15 .

Source: SL 2002, ch 109, § 22; SDCL § 22-22-24.15; SL 2005, ch 120, §§ 407, 412; SL 2014, ch 109, § 1; SL 2015, ch 129, § 1; SL 2016, ch 125, § 1; SL 2016, ch 138, § 22.
S.D. Codified Laws § 22-24B-27 — SD Code / Title 22 / Chapter 24B / Section 22-24B-27
Community Safety Zone--Exemption--Eligibility
Status: in_force

To be eligible for exemption from the community safety zone restrictions, the petitioner shall show, by clear and convincing evidence, the following:

(1) That at least ten years have elapsed since the date the petitioner was convicted of the offense that subjected the petitioner to community safety zone restrictions pursuant to §§ 22-24B-22 to 22-24B-28 , inclusive. For purposes of this subdivision, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility or during which the petitioner was on probation or parole supervision does not count toward the ten-year calculation, regardless of whether such incarceration, confinement or community supervision was for the sex offense requiring registration or for some other offense;

(2) That the petitioner is not a recidivist sex offender. A recidivist sex offender is a person who has been convicted or adjudicated for more than one sex crime listed in § 22-24B-1 , regardless of when those convictions or adjudications occurred. For purposes of this subdivision and subdivision (1) of this section, a conviction or adjudication includes a verdict or plea of guilty; a verdict or plea of guilty but mentally ill; a plea of nolo contendere; a suspended imposition of sentence granted under § 23A-27-13 , regardless of whether it has been discharged; a deferred prosecution agreement entered by a prosecutor; and a determination made in another state, federal jurisdiction, or courts martial that is comparable to any of these events;

(3) That the petitioner has completely and truthfully complied with the registration and reregistration requirements imposed under this chapter;

(4) That the petitioner has actually resided in South Dakota at least ten consecutive years immediately prior to the filing of the petition. Residence as used in this subdivision does not mean the registration address of an incarcerated sex offender; and

(5) The circumstances of the crime subjecting the offender to community safety zone restrictions did not involve a child under age thirteen.

Source: SL 2006, ch 125, § 6; SL 2020, ch 87, § 2.
S.D. Codified Laws § 22-44-3 — SD Code / Title 22 / Chapter 44 / Section 22-44-3
Seizure of equipment
Status: in_force

Any equipment, device, or instrument possessed in violation of § 22-44-2 may be seized as contraband after a conviction of the owner or possessor of the equipment for a violation of this chapter.

Source: SL 1984, ch 173, § 3.
S.D. Codified Laws § 22-30-4 — SD Code / Title 22 / Chapter 30 / Section 22-30-4
Taking without knowledge of victim not robbery
Status: in_force

The taking of property from the person of another or in the immediate presence of the person is not robbery if it clearly appears that the taking was fully completed without the person's knowledge.

Source: SDC 1939, § 13.2601; SL 1976, ch 158, § 30-3 ; SL 2005, ch 120, § 27.
S.D. Codified Laws § 22-19A-18 — SD Code / Title 22 / Chapter 19A / Section 22-19A-18
Bond--No contact terms--Misdemeanor
Status: in_force

If bond for the defendant in any assault or stalking action is authorized, a condition of no contact with the victim shall be stated and incorporated into the terms of the bond. Willful violation of any such no contact provision is a Class 1 misdemeanor.

Source: SL 2010, ch 114, § 1.
S.D. Codified Laws § 22-11-15.5 — SD Code / Title 22 / Chapter 11 / Section 22-11-15.5
Threatening law enforcement officer or family--Violation as felony--Provisions superseded
Status: reserved

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

Source: SL 1985, ch 174; SL 2004, ch 149, § 1; SDCL, § 22-11-15.1 ; SL 2005, ch 120, §§ 207, 208.
S.D. Codified Laws § 22-24B-16 — SD Code / Title 22 / Chapter 24B / Section 22-24B-16
Penalties for crime committed as result of information from sex offender registry
Status: in_force

Any person who commits any crime as a result of information gained through the sex offender registry or through public information kept pursuant to § 22-24B-15 is guilty of a Class 6 felony. Such liability is in addition to any other civil or criminal penalties.

Source: SL 1995, ch 123, § 6; SDCL, § 22-22-41; SL 2005, ch 120, § 415.
S.D. Codified Laws § 22-3-8 — SD Code / Title 22 / Chapter 3 / Section 22-3-8
Conspiracy to commit offense--Punishment
Status: in_force

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

Source: SL 1941, ch 45, § 1; SDC Supp 1960, § 13.0306; SL 1976, ch 158, § 3-4 ; SL 2005, ch 120, § 376.
S.D. Codified Laws § 22-48-1 — SD Code / Title 22 / Chapter 48 / Section 22-48-1
Definitions
Status: in_force

Terms used in this chapter mean:

(1) "Convicted," includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, or an admission to a juvenile delinquency petition;

(2) "Course of criminal conduct," includes the acts or omissions of the perpetrator in carrying out the crime of which convicted or of a victim in resisting criminal conduct;

(3) "Crime," includes an offense named in §§ 22-11-3 , 22-11-4 , 22-11-6 , 22-11-9.1 , 22-16-4 , 22-16-7 , 22-16-15 , 22-16-20 , 22-18-1 , 22-18-1.1 , 22-19-1 , 22-19A-1 , 22-19A-2 , 22-22-1 , 22-22-7 , 22-30-1 , 22-30A-4 , 22-32-1 , 22-32-3 , 22-32-8 , chapter 22-33 , or an attempt to commit any of these offenses. The term includes a crime in other states which would have been within this definition if the crime had been committed in this state;

(4) "Perpetrator," any person who has been convicted of a crime as defined in subdivision (3);

(5) "Victim," a person who was the object of a perpetrator's criminal conduct and includes a person at the scene of an emergency who gives reasonable assistance to another person who is exposed to or has suffered grave physical harm.

Source: SL 1998, ch 124, § 1; SL 2003, ch 130, § 1.
S.D. Codified Laws § 22-19A-5 — SD Code / Title 22 / Chapter 19A / Section 22-19A-5
Course of conduct defined
Status: in_force

For the purposes of this chapter, course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of course of conduct.

Source: SL 1992, ch 162, § 5.
S.D. Codified Laws § 22-49-6 — SD Code / Title 22 / Chapter 49 / Section 22-49-6
Definition of terms--Torture
Status: in_force

Terms used in § 22-49-5 mean:

(1) "Cruel," brutal, inhuman, sadistic, or that which torments;

(2) "Serious mental injury," a condition that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner caused by or resulting from:

(a) The intentional infliction or threatened infliction of serious bodily injury;

(b) The administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt the senses or the personality; or

(c) The threat of imminent death.

Source: SL 2021, ch 101, § 2.
S.D. Codified Laws § 22-25A-5 — SD Code / Title 22 / Chapter 25A / Section 22-25A-5
Person defined
Status: in_force

For the purposes of this chapter, the term, person, means an individual, association, partnership, joint venture, corporation, or a director, executive, or officer of an association, partnership, joint venture, or corporation, a political subdivision of this state, or a department, agency, or instrumentality of this state, or any other government, organization, or entity, including an Indian tribe.

Source: SL 2000, ch 106, § 5.
S.D. Codified Laws § 22-24B-28 — SD Code / Title 22 / Chapter 24B / Section 22-24B-28
Order granting or denying petition--Restrictions on subsequent petition
Status: in_force

If the court finds that all of the criteria provided for in § 22-24B-27 have been met and that the petitioner is not likely to offend again, then the court may, in its discretion, enter an order terminating the petitioner's obligation to comply with the community safety zone restrictions of this state. However, if the court finds that the offender has provided false or misleading information in support of the petition, or failed to serve the petition and supporting documentation upon the parties provided for in § 22-24B-26 , then the petition shall be denied. If the petition is denied, the petitioner may not file a subsequent petition for at least two years from the date the previous petition was denied. The court shall forward any order terminating the petitioner's obligation to comply with community safety zone restrictions to the Division of Criminal Investigation.

Source: SL 2006, ch 125, § 7.
S.D. Codified Laws § 22-24B-12.1 — SD Code / Title 22 / Chapter 24B / Section 22-24B-12.1
Second or subsequent convictions
Status: in_force

Any person who has been convicted of, or entered a plea of guilty to, one or more violations of § 22-24B-2 , 22-24B-5 , 22-24B-6 , 22-24B-7 , 22-24B-8 or 22-24B-12 is guilty of a Class 5 felony for any second or subsequent conviction of § 22-24B-2 , 22-24B-5 , 22-24B-6 , 22-24B-7 , 22-24B-8 or 22-24B-12 .

Source: SL 2006, ch 123, § 10.
S.D. Codified Laws § 22-11-28 — SD Code / Title 22 / Chapter 11 / Section 22-11-28
Counterfeit lien as a misdemeanor--Second offense a felony
Status: in_force

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

Source: SL 1997, ch 45, § 7; SL 2005, ch 120, § 225.
S.D. Codified Laws § 22-19-10 — SD Code / Title 22 / Chapter 19 / Section 22-19-10
Removal of child from state--Felony
Status: in_force

Any parent who violates § 22-19-9 and causes the unmarried minor child, taken, enticed, or kept from the child's lawful custodian, to be removed from the state is guilty of a Class 5 felony.

Source: SL 1980, ch 174, § 2; SL 1985, ch 178, § 2; SL 2005, ch 120, § 119.
S.D. Codified Laws § 22-24-29 — SD Code / Title 22 / Chapter 24 / Section 22-24-29
Possession, sale, or loan as disseminating material harmful to minors
Status: in_force

A person is guilty of disseminating material that is harmful to minors if the person knowingly gives or makes available to a minor or promotes or possesses with intent to promote to minors, or if the person knowingly sells or loans to a minor for monetary consideration, any material that is harmful to minors as described in subdivision 22-24-27 (5).

Source: SL 1974, ch 165, § 18 (1); SL 2005, ch 120, § 304; SL 2025, ch 95, § 2.
S.D. Codified Laws § 22-19A-10 — SD Code / Title 22 / Chapter 19A / Section 22-19A-10
Hearing on petition for protection--Time--Service on respondent
Status: in_force

Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless for good cause the court grants a continuance. Personal service of the petition, affidavit, and notice for hearing shall be made on the respondent not less than five days prior to the hearing.

Source: SL 1997, ch 131, § 3; SL 2009, ch 131, § 2.
S.D. Codified Laws § 22-42-4.3 — SD Code / Title 22 / Chapter 42 / Section 22-42-4.3
Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony--Mandatory sentences
Status: in_force

Except as authorized by this section or chapter 34-20B , no person may manufacture, distribute, or dispense more than five grams of methamphetamine, a methamphetamine analog or immediate precursor; possess with intent to manufacture, distribute, or dispense methamphetamine, a methamphetamine analog or immediate precursor; create or distribute a counterfeit of methamphetamine, a methamphetamine analog or immediate precursor; or possess with intent to distribute a counterfeit of methamphetamine, a methamphetamine analog or immediate precursor. A violation of this section is a Class 3 felony. However, a violation of this section is a Class 2 felony if the person is in possession of three or more of the following:

(1) Three hundred dollars or more in cash;

(2) A firearm, or other weapon pursuant to §§ 22-14-6 , 22-14-15 , 22-14-15 .1, 22-14-15 .3, and subdivision 22-1-2 (8);

(3) Bulk materials used for the packaging of methamphetamine;

(4) Materials used to manufacture methamphetamine including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment; or

(5) Drug transaction records or customer lists.

A first conviction under this section shall be punished by a mandatory sentence in a state correctional facility of at least one year, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory sentence in a state correctional facility of at least ten years, which sentence may not be suspended.

The manufacture, distribution, or dispensing of methamphetamine, a methamphetamine analog or immediate precursor to a minor is a Class 1 felony. A first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least five years, which sentence may not be suspended. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least fifteen years, which sentence may not be suspended.

Probation, suspended imposition of sentence, or suspended execution of sentence, may not form the basis for reducing the mandatory time of incarceration required by this section.

A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court.

Source: SL 2018, ch 137, § 1; SL 2023, ch 82, § 17.
S.D. Codified Laws § 22-12A-11 — SD Code / Title 22 / Chapter 12A / Section 22-12A-11
Bribery of judicial officer or juror--Felony--Forfeiture of office--Disqualification
Status: in_force

Any person who:

(1) Gives or offers to give a bribe to any judicial officer or juror or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence that person's vote, opinion, or decision upon any matter or question which is or may be brought before that person for decision; or

(2) While acting as a judicial officer or juror, asks, receives or agrees to receive a bribe upon any agreement or understanding that that person's vote, opinion, or decision upon any matter or question which is or may be brought before that person for decision shall be influenced thereby,

In addition, the office of any judicial officer convicted under subdivision (2) of this section is forfeit. Moreover, such judicial officer is forever disqualified from holding any public office under this state.

Source: SDC 1939, §§ 13.1201 to 13.1203; SDCL, §§ 16-15-12 to 16-15-14; SL 1976, ch 158, § 11-7 ; SL 2005, ch 120, § 338.
S.D. Codified Laws § 22-24B-32 — SD Code / Title 22 / Chapter 24B / Section 22-24B-32
Immunity from liability for certain good faith conduct
Status: in_force

No law enforcement agency, employee of any law enforcement agency, employee or official of any state and county agency and person contracting or appointed to perform services under §§ 22-24B-2 , 22-24B-5 to 22-24B-8.1 , inclusive, 22-24B-10 , 22-24B-12 , 23A-27-12.1 , or 24-15A-24 is civilly or criminally liable for good faith conduct under §§ 22-24B-2 , 22-24B-5 to 22-24B-8.1 , inclusive, 22-24B-10 , 22-24B-12 , 23A-27-12.1 , or 24-15A-24 .

Source: SL 2006, ch 123, § 14.
S.D. Codified Laws § 22-29-9.1 — SD Code / Title 22 / Chapter 29 / Section 22-29-9.1
Oath required on certain documents to obtain state benefits--Statement in lieu of oath--Perjury
Status: in_force

Any person who submits any petition, application, information, or other document for the purpose of obtaining benefits or any other privilege from the State of South Dakota shall verify, under oath, that such petition, application, or information is true and correct. However, it is sufficient if the claimant, in lieu of verification under oath, signs a statement printed or written thereon in the form following: "I declare and affirm under the penalties of perjury that this claim (petition, application, information) has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs such statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.

Source: SL 2002, ch 113, § 3; SL 2005, ch 120, § 39.
S.D. Codified Laws § 22-24B-12.2 — SD Code / Title 22 / Chapter 24B / Section 22-24B-12.2
Notice in person of new location or address outside of state--Time limit--Violation as felony
Status: in_force

Any person who is required to register as a sex offender pursuant to the provisions of this chapter and who intends to move to a different location or residence address outside of the state, shall inform the law enforcement agency where the person last registered of the person's new location or address, in person pursuant to the provisions of § 22-24B-2 , not less than three business days prior to leaving the state. The law enforcement agency shall, within three days of the receipt of the person's information under this section, forward the information to the Division of Criminal Investigation and to the law enforcement agency having jurisdiction over the person's new location or residence. A failure to register pursuant to this section is a Class 6 felony for a first offense. Any second or subsequent violation of the provisions of this section is a Class 5 felony.

Source: SL 2018, ch 133, § 2.
S.D. Codified Laws § 22-30A-4 — SD Code / Title 22 / Chapter 30A / Section 22-30A-4
Theft by threat
Status: in_force

A person is guilty of theft if the person obtains property of another by threatening to:

(1) Inflict bodily injury on anyone or commit any criminal offense;

(2) Accuse anyone of a criminal offense;

(3) Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair any person's credit or business repute;

(4) Take or withhold action as an official, or cause an official to take or withhold action;

(5) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;

(6) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or

(7) Inflict any other harm which would not benefit the person making the threat.

Source: SDC 1939, §§ 13.3901, 13.3902, 13.3907; SDCL, §§ 22-31-1, 22-31-2, 22-31-5; SL 1976, ch 158, § 30A-10; SL 2005, ch 120, § 53.
S.D. Codified Laws § 22-40-12 — SD Code / Title 22 / Chapter 40 / Section 22-40-12
Unauthorized use of scanning device on payment card--Felony
Status: in_force

A person is guilty of a Class 6 felony if the person directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card or encoded on a chip embedded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user's payment card, or a merchant.

Source: SL 2003, ch 131, § 2; SDCL § 22-30A-8.3; SL 2005, ch 120, § 85; SL 2019, ch 110, § 1.
S.D. Codified Laws § 22-29-2 — SD Code / Title 22 / Chapter 29 / Section 22-29-2
Statement not known to be true
Status: in_force

Any unqualified statement of that which a person does not know or reasonably believe to be true is equivalent to a statement of that which a person knows to be false.

Source: SDC 1939, § 13.1240; SL 2005, ch 120, § 31.
S.D. Codified Laws § 22-24B-26 — SD Code / Title 22 / Chapter 24B / Section 22-24B-26
Petition for order of exemption from safety zone restrictions--Contents--Service--Response
Status: in_force

An offender subject to community safety zone restrictions pursuant to §§ 22-24B-22 to 22-24B-28 , inclusive, who is eligible to seek exemption from these restrictions as provided for in § 22-24B-27 may petition the circuit court in the county where the person resides for an order to terminate the person's obligation to comply with the community safety zone restrictions. The offender shall serve the petition and all supporting documentation on the state's attorney in the county where the offender currently resides, the office of the prosecutor in the jurisdiction where the offense occurred, and the Office of the Attorney General. The state's attorney in the county where the offender currently resides shall respond to each petition to request exemption from the community safety zone restrictions.

No person petitioning the court under this section for an order terminating the persons's obligation to comply with community safety zone restrictions is entitled to court appointed counsel, publicly funded experts, or publicly funded witnesses.

The petition and documentation to support the request for exemption from the community safety zone restrictions shall include:

(1) All information required for registration of convicted sex offenders in § 22-24B-8 ;

(2) A detailed description of the sex crime that was the basis for the offender to be subject to community safety zone restrictions;

(3) A certified copy of judgment of conviction or other sentencing document; and

(4) The offender's criminal record.

The court may request that the petitioner provide additional information if the information provided is incomplete or if the court desires more information relative to the request for exemption.

Source: SL 2006, ch 125, § 5.
S.D. Codified Laws § 22-22-2 — SD Code / Title 22 / Chapter 22 / Section 22-22-2
Sexual penetration defined--Acts constituting sodomy--Medical practitioners excepted
Status: in_force

Sexual penetration means an act, however slight, of sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the body or of any object into the genital or anal openings of another person's body. All of the foregoing acts of sexual penetration, except sexual intercourse, are also defined as sodomy. Practitioners of the healing arts lawfully practicing within the scope of their practice, which determination shall be conclusive as against the state and shall be made by the court prior to trial, are not included within the provisions of this section. In any pretrial proceeding under this section, the prosecution has the burden of establishing probable cause.

Source: SDC 1939, § 13.2802; SL 1975, ch 169, § 2; SL 1980, ch 176, §§ 1, 2; SL 1986, ch 181; SL 1993, ch 178, § 4; SL 1997, ch 133, § 1.
S.D. Codified Laws § 22-42-2 — SD Code / Title 22 / Chapter 42 / Section 22-42-2
22-42-2. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule I or II substances--Penalty--Mandatory sentences
Status: in_force

Except as authorized by this chapter or chapter 34-20B , no person may manufacture, distribute, or dispense a substance listed in Schedules I or II; possess with intent to manufacture, distribute, or dispense a substance listed in Schedules I or II; create or distribute a counterfeit substance listed in Schedules I or II; or possess with intent to distribute a counterfeit substance listed in Schedules I or II. A violation of this section is a Class 4 felony.

A violation of this section is a Class 3 felony if three or more of the following aggravating circumstances apply:

(1) The person is in possession of three hundred dollars or more in cash;

(2) The person is in possession of a firearm or other weapon pursuant to §§ 22-14-6 , 22-14-15 , 22-14-15.1 , 22-14-15.3 , and subdivision 22-1-2 (8);

(3) The person is in possession of bulk materials used for the packaging of controlled substances;

(4) The person is in possession of a pill press;

(5) The person is in possession of materials used to manufacture a controlled substance including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment; or

(6) The person is in possession of drug transaction records or customer lists.

A violation of this section is a Class 2 felony if the offense involves four milligrams or more of fentanyl. Unless a higher mandatory sentence applies, a conviction involving four milligrams but fewer than fourteen milligrams of fentanyl shall be punished by a mandatory sentence of at least three years in a state correctional facility. Unless a higher mandatory sentence applies, a conviction involving fourteen milligrams or more of fentanyl shall be punished by a mandatory sentence of at least ten years in a state correctional facility.

The distribution of a substance listed in Schedules I or II to a minor is a Class 2 felony. A first conviction under this section shall be punished by a mandatory sentence in a state correctional facility of at least one year, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction under this section shall be punished by a mandatory sentence in a state correctional facility of at least ten years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least five years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence may not form the basis for reducing the mandatory time of incarceration required by this section. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least fifteen years, which sentence may not be suspended. Probation, suspended imposition of sentence, or suspended execution of sentence, may not form the basis for reducing the mandatory time of incarceration required by this section.

Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of this section, and occurring within fifteen years prior to the date of the violation being charged, must be used to determine if the violation being charged is a second or subsequent offense.

Any person who, for consideration, intentionally distributes any controlled substance or counterfeit substance in violation of this section and another person dies as a direct result of using that substance is guilty of a Class 2 felony. If three or more of the above aggravating circumstances apply, the person is guilty of a Class 1 felony. If the substance is fentanyl and the person knew the substance was fentanyl, the person is guilty of a Class 1 felony. If the decedent is a minor, the person is guilty of a Class C felony.

A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court.

Source: SL 1970, ch 229, § 10 (a) (1), (2), (b) (1); SL 1971, ch 225, § 1; SDCL Supp, §§ 39-17-88 to 39-17-90; SL 1976, ch 158, § 42-2; SL 1977, ch 189, § 89; SL 1982, ch 179, § 1; SL 1983, ch 178, § 1; SL 1986, ch 185, § 1; SL 1989, ch 201, § 1; SL 2013, ch 101, § 55; SL 2018, ch 136, § 1; SL 2022, ch 67, § 1; SL 2023, ch 82, § 14; SL 2024, ch 90, § 1; SL 2025, ch 97, § 1.
S.D. Codified Laws § 22-45-10 — SD Code / Title 22 / Chapter 45 / Section 22-45-10
Use of other civil or criminal remedy not precluded
Status: in_force

The provisions of this chapter are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy.

Source: SL 1986, ch 187, § 10.
S.D. Codified Laws § 22-30A-17.1 — SD Code / Title 22 / Chapter 30A / Section 22-30A-17.1
Aggravated grand theft--Felony
Status: in_force

Theft is aggravated grand theft, if the value of the property stolen exceeds five hundred thousand dollars. Aggravated grand theft is a Class 2 felony.

Source: SL 2005, ch 120, § 68; SL 2013, ch 101, § 61.
S.D. Codified Laws § 22-12-5 — SD Code / Title 22 / Chapter 12 / Section 22-12-5
Uttering simulated process--Misdemeanor
Status: in_force

Any person who, for the purpose of obtaining anything of value, circulates or offers for sale, prints for the purpose of sale or distribution, sends or delivers, or causes to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or other notice or demand which simulates any form of court or legal process or any official demand, notice or other paper of a federal, state, or municipal agency, the intention of which document is to lead the recipient or addressee to believe that it is a genuine court or legal process or official demand, notice, or other paper of a federal, state, or municipal agency, is guilty of uttering simulated process. Uttering simulated process is a Class 1 misdemeanor.

Source: SL 1964, ch 34, § 1; SL 1967, ch 29; SL 1976, ch 158, § 12-2 ; SL 2005, ch 120, § 234.
S.D. Codified Laws § 22-22-1.4 — SD Code / Title 22 / Chapter 22 / Section 22-22-1.4
Exception for mitigating circumstances--Factual basis relied upon in writing
Status: in_force

The sentencing court may impose a sentence other than that which is required by §§ 22-22-1.2 and 22-6-1.2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by § 22-22-1.2 or 22-6-1.2 . The court's finding of mitigating circumstances and the factual basis relied upon by the court shall be in writing.

Source: SL 1992, ch 164, § 3; SL 2005, ch 120, § 394; SL 2006, ch 121, § 4.
S.D. Codified Laws § 22-18-3.1 — SD Code / Title 22 / Chapter 18 / Section 22-18-3.1
Definitions
Status: in_force

Terms used in §§ 22-18-4 to 22-18-4 .9, inclusive, mean:

(1) "Deadly force," force that is likely to cause death or great bodily harm;

(2) "Dwelling," a building or structure of any kind, whether temporary or permanent, that is designed to be occupied by people lodging therein at night, together with any attached garage or porch, and which includes:

(a) A tent;

(b) A camper or motorhome; and

(c) Any other conveyance, whether mobile or immobile;

(3) "Forcible felony," arson, assault, burglary, kidnapping, manslaughter, murder, rape, and robbery, and any other felony that involves the use of or the threat of physical force or violence against a person;

(4) "Residence," a dwelling in which a person:

(a) Resides, either temporarily or permanently; or

(b) Is an invited guest;

(5) "Unlawful force," an act of force that is employed without the consent of the person against whom it is directed and without legal justification or excuse; and

(6) "Vehicle," a conveyance of any kind, whether motorized or not, which is designed to transport people or property.

Source: SL 2021, ch 93, § 1.
S.D. Codified Laws § 22-22-7 — SD Code / Title 22 / Chapter 22 / Section 22-22-7
Sexual contact with child under sixteen--Felony or misdemeanor
Status: in_force

Any person, sixteen years of age or older, who knowingly engages in sexual contact with another person, other than that person's spouse if the other person is under the age of sixteen years is guilty of a Class 3 felony. If the victim is at least thirteen years of age and the actor is less than five years older than the victim, the actor is guilty of a Class 1 misdemeanor. Notwithstanding § 23A-42-2 , a charge brought pursuant to this section may be commenced at any time before the victim becomes age twenty-five or within seven years of the commission of the crime, whichever is longer.

Source: SL 1950 (SS), ch 3, §§ 1, 2; SL 1955, ch 27; SDC Supp 1960, § 13.1727; SDCL § 22-22-8 ; SL 1976, ch 158, § 22-3 ; SL 1977, ch 189, § 52; SL 1981, ch 176; SL 1982, ch 176, § 2; SL 1984, ch 165, § 2; SL 1985, ch 181, § 2; SL 1989, ch 194, § 1; SL 1989, ch 195, § 1; SL 1990, ch 162, § 2; SL 1994, ch 166, § 3; SL 2006, ch 121, § 5; SL 2010, ch 115, § 1.
S.D. Codified Laws § 22-45-5 — SD Code / Title 22 / Chapter 45 / Section 22-45-5
Offense of acceptance of amount in addition to amount legally payable under program--Violation a felony
Status: in_force

A person commits an offense if he, acting on behalf of a provider providing a good or a service to a recipient under the program, charges, solicits, accepts, or receives anything of additional value in addition to the amount legally payable under the program in connection with a provision of such a good or a service.

A violation of this section is a Class 5 felony.

Source: SL 1986, ch 187, § 5.
S.D. Codified Laws § 22-30A-1 — SD Code / Title 22 / Chapter 30A / Section 22-30A-1
Theft--Violation
Status: in_force

Any person who takes, or exercises unauthorized control over, property of another, with intent to deprive that person of the property, is guilty of theft.

Source: SDC 1939, § 13.3801; SDCL, § 22-37-1; SL 1976, ch 158, § 30A-7; SL 2005, ch 120, § 49.
S.D. Codified Laws § 22-3-3.1 — SD Code / Title 22 / Chapter 3 / Section 22-3-3.1
Distinction between accessory before the fact and principal abrogated
Status: in_force

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

Source: SDC 1939 & Supp 1960, § 34.0504; SDCL, § 23-10-3; SL 1978, ch 185, § 2; SL 2005, ch 120, § 373.
S.D. Codified Laws § 22-6-7 — SD Code / Title 22 / Chapter 6 / Section 22-6-7
Petty offense actions--Procedure
Status: in_force

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

Source: SL 1976, ch 158, § 6-3 ; SL 1977, ch 193, § 26; SL 2005, ch 120, § 433.
S.D. Codified Laws § 22-30A-39 — SD Code / Title 22 / Chapter 30A / Section 22-30A-39
Alteration or removal of serial number--Possession of property with altered serial number--Felony
Status: in_force

Any person who, without consent of the owner, intentionally alters, obliterates, or removes a serial number or other identifying mark on personal property, or possesses any personal property knowing that the property has a serial number or identifying mark which has been intentionally obliterated, altered, or removed, which number or marking may be used to determine ownership of the property, is guilty of a Class 6 felony.

Source: SL 1977, ch 189, § 23; SDCL, § 22-11-27 ; SL 2005, ch 120, §§ 223, 224.
S.D. Codified Laws § 22-42-21 — SD Code / Title 22 / Chapter 42 / Section 22-42-21
Lack of knowledge as to age of minor not a defense
Status: in_force

It is not a defense to the provisions of this chapter regarding distribution of a controlled substance or marijuana to a minor that the defendant did not know that the recipient was a minor, even if such lack of knowledge was reasonable.

Source: SL 1992, ch 168, § 4.
S.D. Codified Laws § 22-32-19 — SD Code / Title 22 / Chapter 32 / Section 22-32-19
Aggravated criminal entry of a motor vehicle--Felony
Status: in_force

Any person who forcibly enters a motor vehicle with intent to commit any crime in that motor vehicle is guilty of aggravated criminal entry of a motor vehicle. Aggravated criminal entry of a motor vehicle is a Class 6 felony.

Source: SL 1993, ch 179; SL 2005, ch 120, § 112.
S.D. Codified Laws § 22-24-55 — SD Code / Title 22 / Chapter 24 / Section 22-24-55
Public school--Duty to limit minor’s access to obscene materials--Policy required--Publication--Appeal
Status: in_force

Each public school in the state shall:

(1) Equip each public access computer with software that will limit minors' ability to gain access to obscene matter or materials, as defined by § 22-24-27 , or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene materials; and

(2) Develop and implement, by January 1, 2025, a local policy that establishes measures to restrict minors from accessing obscene matter or materials. The policy must allow for an individual to appeal to the school board to determine whether any matter or material is obscene. Any determination made by the school board as to whether any matter or material is obscene is subject to judicial review in a court of competent jurisdiction. The school board shall:

(a) Publish the policy on the school district's website; or

(b) Publish the policy annually in the legal newspaper designated by the school board pursuant to § 13-8-10 .

Source: SL 1999, ch 76, § 1; SL 2005, ch 120, § 312; SL 2024, ch 86, § 1; SL 2025, ch 96, § 1.
S.D. Codified Laws § 22-24-66 — SD Code / Title 22 / Chapter 24 / Section 22-24-66
Damages that may be recovered
Status: in_force

Any person entitled to bring an action under § 22-24-64 may recover the following damages:

(1) Economic damages, including the cost of treatment and rehabilitation, medical expenses, loss of economic or educational potential, loss of productivity, absenteeism, support expenses, accidents or injury, and any other pecuniary loss proximately caused by the proscribed conduct;

(2) Noneconomic damages, including physical and emotional pain, suffering, physical impairment, emotional distress, mental anguish, disfigurement, loss of enjoyment, loss of companionship, services, and consortium, and other nonpecuniary losses proximately caused by the proscribed conduct;

(3) Exemplary damages;

(4) Attorneys' fees; and

(5) Disbursements.

Source: SL 2002, ch 112, § 7; SL 2005, ch 120, § 316.
S.D. Codified Laws § 22-14A-25 — SD Code / Title 22 / Chapter 14A / Section 22-14A-25
Use of hoax substance or device to cause fear--Felony
Status: in_force

Any person who intentionally possesses, transports, uses, or places any hoax substance or hoax destructive device with the intent of causing anxiety, unrest, fear, or personal discomfort is guilty of a Class 6 felony. A hoax substance is any substance that would cause a person to reasonably believe that it is a dangerous chemical or biological agent, a poison, a harmful radioactive substance, or a similar substance. A hoax destructive device is any device that would cause a person to reasonably believe that it is a dangerous explosive or incendiary device or a similar destructive device.

Source: SL 2002, ch 105, § 2; SL 2005, ch 120, § 282.