S.D. Codified Laws § 22-24-34 — SD Code / Title 22 / Chapter 24 / Section 22-24-34
Dissemination of separate articles as separate offenses
Status: in_force

If more than one article or item of material prohibited under §§ 22-24-27 to 22-24-37 , inclusive, is sold, given, advertised for sale, distributed commercially, or promoted, by the same person, after a hearing and determination that probable cause exists to believe such article or material is harmful to minors, each such sale, gift, advertisement, distribution, or promotion constitutes a separate offense.

Source: SL 1974, ch 165, § 21; SL 2005, ch 120, § 310.
S.D. Codified Laws § 22-24B-36 — SD Code / Title 22 / Chapter 24B / Section 22-24B-36
Sex offender to report change in vehicle registration
Status: in_force

A sex offender shall report, within three business days, any change in the registration status of a vehicle the offender owns, to the authority specified in § 22-24B-2 . A violation of this section is a Class 1 misdemeanor.

Source: SL 2015, ch 132, § 1.
S.D. Codified Laws § 22-40-9 — SD Code / Title 22 / Chapter 40 / Section 22-40-9
Identifying information defined
Status: in_force

For the purposes of §§ 22-40-8 to 22-40-10 , inclusive, identifying information includes:

(1) Birth certificate or passport information;

(2) Driver's license numbers or tribal identification card information;

(3) Social security or other taxpayer identification numbers;

(4) Checking account numbers;

(5) Savings account numbers;

(6) Credit card numbers;

(7) Debit card numbers;

(8) Personal identification numbers, passwords, or challenge questions;

(9) User names or identifications;

(10) Biometric data; or

(11) Any other numbers, documents, or information which can be used to access another person's financial resources.

Source: SL 2000, ch 107, § 2; SDCL § 22-30A-3.2; SL 2005, ch 120, §§ 81, 83; SL 2011, ch 13, § 3.
S.D. Codified Laws § 22-24B-20 — SD Code / Title 22 / Chapter 24B / Section 22-24B-20
Order for removal of name from sex offender registry--Denial of petition
Status: in_force

If the court finds that all of the criteria described in § 22-24B-19 , 22-24B-19 .1, or 22-24B-19 .4 have been met and that the petitioner is not likely to offend again, then the court may, in its discretion, enter an order terminating the petitioner's obligation to register in this state and require the removal of petitioner's name from the registry. However, if the court finds that the offender has provided false, misleading, or incomplete information in support of the petition, or failed to serve the petition and supporting documentation upon the respondent, then the petition may be denied. If the petition is denied, the petitioner may not file a subsequent petition for at least two years from the date the previous petition was denied.

Source: SL 2005, ch 120, § 423; SL 2010, ch 119, § 5; SL 2023, ch 72, § 3.
S.D. Codified Laws § 22-11-12 — SD Code / Title 22 / Chapter 11 / Section 22-11-12
Misprision of felony--Misdemeanor
Status: in_force

Any person who, having knowledge, which is not privileged, of the commission of a felony, conceals the felony, or does not immediately disclose the felony, including the name of the perpetrator, if known, and all of the other relevant known facts, to the proper authorities, is guilty of misprision of a felony. Misprision of a felony is a Class 1 misdemeanor. There is no misprision of misdemeanors, petty offenses, or any violation of § 22-42-5.1 .

Source: SL 1976, ch 158, § 11-6 ; SL 2005, ch 120, § 205; SL 2013, ch 101, § 59.
S.D. Codified Laws § 22-45-3 — SD Code / Title 22 / Chapter 45 / Section 22-45-3
Application to participate as provider--Perjury for submitting false statements--Violation a felony
Status: in_force

Each application to participate as a provider in the program, each report stating income or expense upon which rates of payment are or may be based, and each invoice for payment for a good or a service provided to the recipient shall contain a statement that all matters stated therein are true and accurate, signed by the individual responsible for the provider, under the penalty of perjury. A person commits perjury if he signs or submits, or causes to be signed or submitted, such a statement, and he knows, or should have known, that the application, report, or invoice containing information is false, in whole or in part, by commission or omission. A violation of this section is a Class 5 felony.

Source: SL 1986, ch 187, § 3.
S.D. Codified Laws § 22-25-33 — SD Code / Title 22 / Chapter 25 / Section 22-25-33
Certain persons not to have interest in distributorship or manufacturer
Status: in_force

No person who is an officer, director, manager, or gambling manager of any organization conducting bingo or lotteries under the provisions of § 22-25-25 may be an officer, director, shareholder, directly or indirectly, proprietor, or employee of a distributorship or manufacturer, nor may the person have any direct or indirect financial interest in such distributorship or in such manufacturer.

Source: SL 1988, ch 188, § 5.
S.D. Codified Laws § 22-22-26.3 — SD Code / Title 22 / Chapter 22 / Section 22-22-26.3
Forensic medical examination--Minors age sixteen or older--Consent--Notification
Status: in_force

A minor age sixteen or older may consent to a forensic medical examination. The minor's consent is not subject to disaffirmance because of minority, and consent of a parent or guardian is not required under this section. The hospital or clinic shall take reasonable steps to notify a minor's parent or guardian that an examination has taken place, unless the parent or guardian is the suspected perpetrator.

Source: SL 2020, ch 85, § 1; SL 2025, ch 94, § 3; SL 2026, ch 105, § 3.
S.D. Codified Laws § 22-12A-13 — SD Code / Title 22 / Chapter 12A / Section 22-12A-13
Agreement to give particular verdict
Status: in_force

Any juror, or person drawn or summoned as a juror, or judicial officer, who makes any promise or agreement to give a verdict for or against any party is guilty of a Class 6 felony.

Source: SL 1976, ch 158, § 11-13 ; SDCL, § 22-11-18 ; SL 2005, ch 120, § 217.
S.D. Codified Laws § 22-18-4.1 — SD Code / Title 22 / Chapter 18 / Section 22-18-4.1
Deadly force--Defense of person
Status: in_force

A person is justified in using or threatening to use deadly force if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony.

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

(1) Not engaged in a criminal activity; and

(2) In a place where the person has a right to be.

Source: SL 2021, ch 93, § 3.
S.D. Codified Laws § 22-17-5.5 — SD Code / Title 22 / Chapter 17 / Section 22-17-5.5
Dispense or advertise abortion-inducing drug--Injunction--Venue--Attorney’s fees and costs
Status: in_force

If the attorney general has reason to believe that a person is engaging in, has engaged in, or is about to engage in a violation of § 22-17-5.3 , the attorney general may bring an action in the name of the state against the person to restrain the person by temporary or permanent injunction.

An action under this section may be brought in the circuit court for the county in which the alleged violator resides or has a place of business, or in the circuit court for Hughes County, South Dakota. The court may issue a temporary or permanent injunction to restrain and prevent any violation of § 22-17-5.3 .

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

Source: SL 2026, ch 100, § 4.
S.D. Codified Laws § 22-42-4.2 — SD Code / Title 22 / Chapter 42 / Section 22-42-4.2
Schedule II, III, or IV substances to be distributed only for a medical purpose
Status: in_force

No controlled drug or substance included in Schedule II, III, or IV may be distributed or dispensed other than for a medical purpose.

Source: SL 1970, ch 229, § 9 (m); SDCL Supp, § 39-17-85; SL 1977, ch 189, § 83; SL 1980, ch 178.
S.D. Codified Laws § 22-24B-19 — SD Code / Title 22 / Chapter 24B / Section 22-24B-19
Criteria for removal--Tier I offender
Status: in_force

To be eligible for removal from the registry as a Tier I offender, the petitioner must show, by clear and convincing evidence, that all of the following criteria have been met:

(1) At least five years have elapsed since the date the petitioner first registered pursuant to this chapter;

(2) The crime requiring registration was for:

(a) Statutory rape under subdivision 22-22-1 (5), or an attempt to commit statutory rape under subdivision 22-22-1 (5), but only if the petitioner was twenty-one years of age or younger at the time the offense was committed or attempted;

(b) A juvenile adjudication for a sex crime as defined in subdivision 22-24B-1 (1);

(c) Sexual contact under § 22-22-7 if the victim was between the ages of thirteen and sixteen and the petitioner was at least three years older than the victim, but only if the petitioner was twenty-one years of age or younger at the time the offense was committed;

(d) Felony use or dissemination of any image or recording without consent under § 22-21-4 ; or

(e) An out-of-state, federal or court martial offense that is comparable to the elements of the crimes listed in subsections (2)(a), (2)(b), (2)(c), or (2)(d);

(3) The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen;

(4) The petitioner is not a recidivist sex offender;

(5) The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B ; and

(6) Petitioner demonstrates to the satisfaction of the court that petitioner does not pose a risk or danger to the community.

For purposes of this section, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility does not count toward the five-year calculation, regardless of whether the incarceration or confinement was for the sex offense requiring registration or for some other offense.

Source: SL 2005, ch 120, § 422; SL 2010, ch 119, § 1; SL 2016, ch 127, § 1; SL 2020, ch 87, § 3; SL 2024, ch 88, § 1.
S.D. Codified Laws § 22-11-15.7 — SD Code / Title 22 / Chapter 11 / Section 22-11-15.7
Threatening person holding statewide office or judicial officer--Penalty--Provisions superseded
Status: reserved

It is a Class 5 felony 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:

(1) Any current or former judicial officer as defined in § 22-11-14 ;

(2) Any current or former person holding statewide office as defined in § 12-27-1 ; or

(3) The immediate family of any current or former judicial officer or person holding statewide 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, § 1.
S.D. Codified Laws § 22-14A-18 — SD Code / Title 22 / Chapter 14A / Section 22-14A-18
Use of explosive or device to destroy another's property--Felony
Status: in_force

Any person who intentionally destroys or attempts to destroy by the use of any explosive or destructive device, any property real or personal, not the property of such person, although done under such circumstances as not to endanger the life or safety of any human being, is guilty of a Class 4 felony. This section does not apply to any property destroyed under the direction of any firefighter or any law enforcement officer of any municipality to prevent the spread of a fire.

Source: SDC 1939, § 13.1605; SDCL § 22-34-22; SL 1972, ch 140, § 15; SL 1976, ch 158, § 14A-10; SL 1992, ch 60, § 2; SL 2005, ch 120, § 275.
S.D. Codified Laws § 22-22-26.5 — SD Code / Title 22 / Chapter 22 / Section 22-22-26.5
Forensic medical examination--Definitions
Status: in_force

For the purposes of §§ 22-22-26 to 22-22-26.4 , inclusive, and §§ 22-22-26.6 to 22-22-26.8 , inclusive, the following terms mean:

(1) "Forensic medical examination," a medical assessment, administered in accordance with § 22-22-26.6 , with the following components:

(a) Examination of physical trauma;

(b) Patient interview, determination of medical history, triage, and consultation; and

(c) Collection and evaluation of any evidence, including any photographic documentation; preservation and maintenance of the chain of custody of evidence; medical specimen collection; and any assessment of whether an alcohol-facilitated sexual assault or a drug-facilitated sexual assault occurred and any toxicology screening deemed necessary by the attending physician, physician assistant, nurse practitioner, or sexual assault nurse examiner;

(2) "Sexual assault nurse examiner," a registered nurse, licensed in accordance with chapter 36-9 , who has completed specialized education and clinical training in the medical forensic care of patients who have experienced sexual assault; and

(3) "Sexual assault response team," a multidisciplinary, interagency group of law enforcement officials, health care providers, victim advocates, and representatives from state's attorney offices, who collaborate to provide a coordinated response to sexual assault and to improve health and judicial outcomes for victims.

Source: SL 2025, ch 94, § 5; SL 2026, ch 105, § 5.
S.D. Codified Laws § 22-19A-1 — SD Code / Title 22 / Chapter 19A / Section 22-19A-1
Stalking--Violation as misdemeanor--Second or subsequent offense a felony
Status: in_force

No person may:

(1) Willfully, maliciously, and repeatedly follow or harass another person;

(2) Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or

(3) Willfully, maliciously, and repeatedly harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication.

A violation of this section constitutes the crime of stalking. Stalking is a Class 1 misdemeanor. However, any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony. 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 ten years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a second or subsequent offense.

Source: SL 1992, ch 162, § 1; SL 1993, ch 176, § 1; SL 1997, ch 132, § 1; SL 2001, ch 112, § 1; SL 2002, ch 109, § 5; SL 2006, ch 120, § 1; SL 2020, ch 83, § 1.
S.D. Codified Laws § 22-25-46 — SD Code / Title 22 / Chapter 25 / Section 22-25-46
Requirements for deal of pull-tabs
Status: in_force

No distributor or manufacturer may knowingly possess, display, put out for play, sell, or otherwise furnish to any person or organization any deal of pull - tabs:

(1) In which the winning pull - tabs have not been completely and randomly distributed and mixed among all other pull - tabs in the deal;

(2) In which the location, or approximate location, of any of the winning pull - tabs can be determined in advance of opening the pull - tabs in any manner or by any device, including but not limited to, any pattern in the manufacture, assembly, or packaging of the pull - tabs by the manufacturer, by any marking on the pull - tabs or by the use of a light;

(3) Which does not conform in any respect to the requirements of this section, as to assembly, or packaging of pull - tabs;

(4) In which each individual pull - tab manufactured does not conspicuously set forth on it the name of the manufacturer or a label or trademark which identifies its manufacturer.

Source: SL 1988, ch 188, § 18.
S.D. Codified Laws § 22-12A-2 — SD Code / Title 22 / Chapter 12A / Section 22-12A-2
Receiving consideration for appointment to or employment in public office--Misdemeanor
Status: in_force

Any person who, directly or indirectly, asks or receives any consideration for appointing another person or procuring the employment of another person in any public office, or for permitting or agreeing to permit any other person to exercise any of the prerogatives or duties of a public office, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1110; SDCL, § 3-15-7; SL 1973, ch 23, § 24; SDCL Supp, § 3-6A-45 ; SL 1976, ch 158, § 12A-2; SL 2005, ch 120, § 330.
S.D. Codified Laws § 22-18-31 — SD Code / Title 22 / Chapter 18 / Section 22-18-31
Intentional exposure to HIV infection a felony
Status: in_force

Any person who, knowing himself or herself to be infected with HIV, intentionally exposes another person to infection by:

(1) Engaging in sexual intercourse or other intimate physical contact with another person;

(2) Transferring, donating, or providing blood, tissue, semen, organs, or other potentially infectious body fluids or parts for transfusion, transplantation, insemination, or other administration to another in any manner that presents a significant risk of HIV transmission;

(3) Dispensing, delivering, exchanging, selling, or in any other way transferring to another person any nonsterile intravenous or intramuscular drug paraphernalia that has been contaminated by himself or herself; or

(4) Throwing, smearing, or otherwise causing blood or semen, to come in contact with another person for the purpose of exposing that person to HIV infection; is guilty of criminal exposure to HIV.

Criminal exposure to HIV is a Class 3 felony.

Source: SL 2000, ch 99, § 1; SL 2005, ch 120, § 17.
S.D. Codified Laws § 22-42A-3 — SD Code / Title 22 / Chapter 42A / Section 22-42A-3
Use or possession of drug paraphernalia as misdemeanor
Status: in_force

No person, knowing the drug related nature of the object, may use or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body any controlled substance or marijuana in violation of this chapter. Any person who violates any provision of this section is guilty of a Class 2 misdemeanor.

Source: SL 1983, ch 180, § 3; SL 1984, ch 172, § 3; SL 1998, ch 139, § 6.
S.D. Codified Laws § 22-30A-17 — SD Code / Title 22 / Chapter 30A / Section 22-30A-17
Grand theft--Penalty
Status: in_force

Grand theft is a Class 6 felony if the property stolen:

(1) Exceeds one thousand dollars in value but is less than or equal to two thousand five hundred dollars;

(2) Is a firearm with a value of less than or equal to two thousand five hundred dollars;

(3) Is taken from the person of another with a value of less than or equal to two thousand five hundred dollars ; or

(4) Is livestock, as defined in § 21-61-1 , with a value of less than or equal to two thousand five hundred dollars.

Grand theft is a Class 5 felony if the value of the property is more than two thousand five hundred dollars but less than or equal to five thousand dollars.

Grand theft is a Class 4 felony if the value of the property is more than five thousand dollars but less than or equal to one hundred thousand dollars.

Grand theft is a Class 3 felony if the value of the property is more than one hundred thousand dollars but less than or equal to five hundred thousand dollars.

Source: SDC 1939, §§ 13.3802 to 13.3803, 13.4008; SL 1959, ch 39; SL 1961, ch 40; SDCL §§ 22-37-2, 22-37-3, 22-37-6, 22-38-12; SL 1976, ch 158, § 30A-3; SL 1977, ch 189, §§ 63, 64; SL 1978, ch 158, § 72; SL 1982, ch 178; SL 1990, ch 165, § 2; SL 1997, ch 139, § 1; SL 2001, ch 114, § 1; SL 2005, ch 120, § 67; SL 2013, ch 101, § 60; SL 2013, ch 110, § 1; SL 2025, ch 173, § 1.
S.D. Codified Laws § 22-4A-2 — SD Code / Title 22 / Chapter 4A / Section 22-4A-2
Fact offense not committed or attempted not a defense
Status: in_force

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

Source: SL 2005, ch 120, § 439.
S.D. Codified Laws § 22-42-2.2 — SD Code / Title 22 / Chapter 42 / Section 22-42-2.2
Oral prescription permitted for Schedule II substance under specified conditions
Status: in_force

Notwithstanding § 22-42-2.1 , a pharmacist may dispense a controlled drug or substance included in Schedule II upon receipt of an oral prescription of a practitioner who is not a pharmacist, if the practitioner states that:

(1) Immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user;

(2) No appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under Schedule II; and

(3) It is not reasonably possible for the prescribing practitioner to provide a written prescription to be presented to the person dispensing the substance prior to the dispensing, and the pharmacist reduces the prescription and the information contained in subdivisions (1) to (3) of this section to writing and retains it in conformance with § 34-20B-39 .

Source: SL 1970, ch 229, § 9 (k); SDCL Supp, § 39-17-83; SL 1977, ch 189, § 81.
S.D. Codified Laws § 22-18-2 — SD Code / Title 22 / Chapter 18 / Section 22-18-2
Justifiable force used by public officer in performance of duty--Assistance or direction of officer
Status: in_force

To use or attempt to use or offer to use force or violence upon or toward the person of another is not unlawful if necessarily committed by a public officer in the performance of any legal duty or by any other person assisting the public officer or acting by the public officer's direction.

Source: SDC 1939, § 13.2402 (1); SL 2005, ch 120, § 6.
S.D. Codified Laws § 22-22-28 — SD Code / Title 22 / Chapter 22 / Section 22-22-28
Sexual contact by psychotherapist--Felony
Status: in_force

Any psychotherapist who knowingly engages in sexual contact, as defined in § 22-22-7.1 , with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time of contact, commits a Class 5 felony. Consent by the patient is not a defense.

Source: SL 1993, ch 178, § 2; SL 2005, ch 120, § 404.
S.D. Codified Laws § 22-30A-41 — SD Code / Title 22 / Chapter 30A / Section 22-30A-41
Request for vehicle owner information--Format and content--Response by law enforcement
Status: in_force

If a motor fuel retailer provides, in writing, the license plate number of any motor vehicle owner who failed to pay for the motor fuel received to any law enforcement officer, the law enforcement officer shall provide the motor vehicle owner's name and addresses, recorded pursuant to § 32-5-3 , to the retailer. The written request for the vehicle owner information may only be submitted by the registered owner or corporate officer of the motor fuel business. The owner or corporate officer shall enclose a self-addressed and stamped envelope with the written request. The format for the request shall be prescribed by the Department of Public Safety and include the following information:

(1) The name and signature of the employee witnessing the theft;

(2) The name and signature of the owner or corporate officer;

(3) The address and telephone number of the owner or corporate officer;

(4) License plate number of the motor vehicle; and

(5) Reference to the applicable provisions of §§ 22-30A-40 to 22-30A-44 , inclusive.

The law enforcement officer shall respond, in writing, to the owner or corporate officer of the motor fuel business.

Source: SL 2005, ch 121, § 2.
S.D. Codified Laws § 22-21-5 — SD Code / Title 22 / Chapter 21 / Section 22-21-5
Service providers not liable
Status: in_force

Nothing in § 22-21-4 shall be construed to impose liability on a provider of an electronic communication service, an information service, a mobile service, including a commercial mobile service, a telecommunication service, an interactive computer service, or a cable service as those terms are defined under federal law.

Source: SL 2016, ch 123, § 2.
S.D. Codified Laws § 22-29-11 — SD Code / Title 22 / Chapter 29 / Section 22-29-11
Obtaining money, property, or assistance by fraud from social services or related programs prohibited
Status: in_force

No person may knowingly make or execute a false statement, instrument, document, or representation, or to use any other fraudulent device, and thereby obtain money, property, or other assistance to which that person is not entitled, from any program provided for by Title 26, 27A, 27B, or 28, of the South Dakota Codified Laws, or otherwise administered by the South Dakota Department of Social Services.

Source: SL 1977, ch 225, § 1; SL 2005, ch 120, § 41.
S.D. Codified Laws § 22-10-1 — SD Code / Title 22 / Chapter 10 / Section 22-10-1
Riot--Violation as felony
Status: in_force

As used in this chapter, any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property is riot. A violation of this section is a Class 4 felony.

Source: SDC 1939, § 13.1402; SL 1976, ch 158, § 10-1; SL 2005, ch 120, § 345; SL 2020, ch 78, § 1.
S.D. Codified Laws § 22-30A-27 — SD Code / Title 22 / Chapter 30A / Section 22-30A-27
Passing insufficient funds check as prima facie evidence of knowledge of insufficiency
Status: in_force

The passing of a check, described in § 22-30A-24 , is prima facie evidence that the person who passed the check had knowledge of insufficient funds in the account on which the check was drawn in the financial institution.

Source: SDC 1939, § 13.4204; SL 1959, ch 40; SL 1967, ch 27; SL 1973, ch 153, § 2; repealed SL 1976, ch 158, § 41-11 ; re-enacted SL 1977, ch 189, § 76; SDCL, § 22-41-2; SL 2005, ch 120, §§ 135, 139.
S.D. Codified Laws § 22-22-42 — SD Code / Title 22 / Chapter 22 / Section 22-22-42
Bestiality--Acts constituting--Commission a felony
Status: in_force

No person, for the purpose of that person's sexual gratification, may:

(1) Engage in a sexual act with an animal; or

(2) Coerce any other person to engage in a sexual act with an animal; or

(3) Use any part of the person's body or an object to sexually stimulate an animal; or

(4) Videotape a person engaging in a sexual act with an animal; or

(5) Kill or physically abuse an animal.

Any person who violates any provision of this section is guilty of the crime of bestiality. Bestiality is a Class 6 felony. However, if the person has been previously convicted of a sex crime pursuant to § 22-24B-1 , any subsequent violation of this section is a Class 5 felony.

Source: SL 2003, ch 127, § 1; SL 2005, ch 120, § 406.
S.D. Codified Laws § 22-30A-15 — SD Code / Title 22 / Chapter 30A / Section 22-30A-15
Theft as single offense incorporating previous separate offenses--Terms used in alleging theft
Status: in_force

Conduct constituting theft pursuant to this chapter constitutes a single offense including any separate offenses committed or charged before the effective date of this chapter and known as larceny, embezzlement, extortion, fraudulent conversion, false pretense, and receiving stolen property. An accusation of theft may be supported by evidence that the theft was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the indictment or information, subject only to the power of a court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise.

Source: SL 1976, ch 158, § 30A-2; SL 2005, ch 120, § 65.
S.D. Codified Laws § 22-24B-17 — SD Code / Title 22 / Chapter 24B / Section 22-24B-17
Petition for removal from sex offender registry--Service--Response
Status: in_force

Any person required to register under this chapter who is eligible to seek removal from the registry, as provided for in § 22-24B-19 , 22-24B-19 .1, or 22-24B-19 .4, may petition the circuit court in the county where the person resides for an order terminating the person's obligation to register. If the person seeking removal from the registry is not a resident of this state, but is required to register under other requirements of § 22-24B-2 , then the person may petition the circuit court of any county of this state where the person is currently registered. The offender shall serve the petition and all supporting documentation on the state's attorney in the county where the offender is currently registered, the office of the prosecutor in the jurisdiction where the offense occurred, and the attorney general. The attorney general's office shall respond to each petition to request removal from the sex offender registry.

No person petitioning the court under this section for an order terminating the person's obligation to register is entitled to court appointed counsel, experts, or publicly funded witnesses.

Source: SL 2005, ch 120, § 420; SL 2010, ch 119, § 6; SL 2023, ch 72, § 2.
S.D. Codified Laws § 22-45-9 — SD Code / Title 22 / Chapter 45 / Section 22-45-9
Access to records by attorney general, state medicaid control unit, and grand jury
Status: in_force

The attorney general and the state medicaid fraud control unit, upon reasonable request, and the grand jury, upon subpoena therefore, shall have full access to all records held by a provider or by any other person on his behalf, which could be relevant in any manner to the determination of the existence of offenses under §§ 22-45-2 to 22-45-6 , inclusive, or related crimes, or the existence of patient abuse, mistreatment or neglect, or the theft of patient funds.

Upon issuance of a summons for such records, the grand jury shall take possession of the records for use by the grand jury and the attorney general in the investigation of offenses under this chapter and related crimes.

In examining such records, the attorney general and grand jury shall safeguard the privacy rights of recipients, avoiding unnecessary disclosure of personal information concerning named recipients. However, the attorney general may transmit such information as he deems appropriate to the single - state agency and to other agencies concerned of the regulation of health facilities or health professionals.

No persons holding such records may refuse to provide the attorney general or the grand jury with access to such records for the purposes described in this chapter on the basis that release would violate any recipient's right of privacy, any recipient's privileges against disclosure or use, or any professional or other privilege right.

Source: SL 1986, ch 187, § 9.
S.D. Codified Laws § 22-30A-6 — SD Code / Title 22 / Chapter 30A / Section 22-30A-6
Theft of lost or mislaid property
Status: in_force

Any person who comes into control of property of another that the person knows to have been lost, estrayed, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, is guilty of theft if, with intent to deprive the owner thereof, the person fails to take reasonable measures to restore the property to a person entitled to have the property.

Source: SDC 1939, § 13.3807; SDCL, § 22-37-11; SL 1976, ch 158, § 30A-11; SL 2005, ch 120, § 54.
S.D. Codified Laws § 22-25-32 — SD Code / Title 22 / Chapter 25 / Section 22-25-32
Certain organizations not to be distributors or manufacturers
Status: in_force

No organization that conducts bingo or lotteries under the provisions of § 22-25-25 may be a distributor or manufacturer.

Source: SL 1988, ch 188, § 4.
S.D. Codified Laws § 22-14-25 — SD Code / Title 22 / Chapter 14 / Section 22-14-25
Power of court to punish for contempt and to promulgate rules
Status: in_force

Except for the authorizations set forth in § 22-14-24 , nothing in this chapter limits the power of a court to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons, within any building housing such court or any of its proceedings, or upon any grounds pertinent to such building.

Source: SL 1993, ch 173, § 4; SL 2005, ch 120, § 263; SL 2019, ch 106, § 4.
S.D. Codified Laws § 22-12A-16 — SD Code / Title 22 / Chapter 12A / Section 22-12A-16
Falsification of evidence
Status: in_force

Any person who prepares any false book, paper, record, instrument in writing, or other matter or thing with intent to produce it or allow it to be produced as genuine in any trial, proceeding, inquiry, or investigation authorized by law, is guilty of a Class 6 felony.

Source: SDC 1939, § 13.1243; SDCL, § 22-39-29; SL 1976, ch 158, § 11-17; SDCL, § 22-11-22; SL 2005, ch 120, § 217.
S.D. Codified Laws § 22-25-24 — SD Code / Title 22 / Chapter 25 / Section 22-25-24
Lottery defined
Status: in_force

As used in this chapter, lottery or lotteries means a plan whereby for a valuable consideration money is raised by selling chances to share in the distribution of prizes.

Source: SL 1970, ch 247, § 3; SL 1973, ch 149, § 3; SL 1976, ch 158, § 25-7 .
S.D. Codified Laws § 22-1-7 — SD Code / Title 22 / Chapter 1 / Section 22-1-7
Completion of crime involving dispatch of letter
Status: in_force

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

Source: SDC 1939, § 13.0107; SL 1976, ch 158, § 1-8 ; SL 2005, ch 120, § 361.
S.D. Codified Laws § 22-4A-1 — SD Code / Title 22 / Chapter 4A / Section 22-4A-1
Criminal solicitation--Penalty
Status: in_force

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

Criminal solicitation is a:

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

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

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

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

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

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

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

Source: SL 2005, ch 120, § 438.
S.D. Codified Laws § 22-49-2 — SD Code / Title 22 / Chapter 49 / Section 22-49-2
First degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses--Consent not a defense--Attempt against minor
Status: in_force

A person is guilty of human trafficking in the first degree if the person commits human trafficking, as set forth in § 22-49-1 , and the act:

(1) Involves any means of force, threat of force, fraud, coercion, or any combination of means to cause the person to engage in a commercial sex act;

(2) Involves a victim under the age of eighteen years; or

(3) Results in the death of a victim.

Human trafficking in the first degree is a Class 2 felony.

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

Consent to performing any act prescribed in § 22-49-1 by a minor or a minor's parent, guardian, or custodian, or any mistake as to the minor's age is not a defense to a charge of violating this section.

Notwithstanding the provisions of § 22-4-1 , any attempt to commit a violation of this section against a victim who is a minor is punishable in the same manner as the completed violation.

Source: SL 2011, ch 120, § 2; SL 2016, ch 129, § 2; SL 2018, ch 138, § 1; SL 2020, ch 89, § 2; SL 2025, ch 99, § 2.
S.D. Codified Laws § 22-19-6 — SD Code / Title 22 / Chapter 19 / Section 22-19-6
Possession of ransom or reward--Felony
Status: in_force

Any person who receives, possesses, or disposes of any money or other property which has, at any time, been delivered as ransom or reward in connection with a kidnapping and who knows that the money or property is ransom or reward in connection with a kidnapping, is guilty of a Class 3 felony.

Source: SDC 1939, § 13.2703; SL 1976, ch 158, § 19-2 ; SL 2005, ch 120, § 116.
S.D. Codified Laws § 22-24B-2.1 — SD Code / Title 22 / Chapter 24B / Section 22-24B-2.1
Three-tiered registry
Status: in_force

The sex offender registry consists of three tiers as provided for in §§ 22-24B-19 to 22-24B-19.2 , inclusive. Placement in Tier III requires registrants to register throughout their lifetime. Placement in Tier II requires registrants to register for a minimum of twenty-five years. Placement in Tier I requires registrants to register for a minimum of five years.

Source: SL 2010, ch 119, § 7; SL 2024, ch 88, § 2.
S.D. Codified Laws § 22-11-38 — SD Code / Title 22 / Chapter 11 / Section 22-11-38
Failure to notify law enforcement of death of child--Felony
Status: in_force

Any parent, legal guardian, or caretaker who knowingly fails to notify law enforcement within six hours of learning of the death of a minor child in his or her care is guilty of a Class 5 felony. This section does not apply to any health care provider or to any facility licensed pursuant to chapter 34-12 .

Source: SL 2012, ch 120, § 2.
S.D. Codified Laws § 22-32-15 — SD Code / Title 22 / Chapter 32 / Section 22-32-15
Nighttime defined
Status: in_force

The term, nighttime, as used in this chapter, means the period between thirty minutes past sunset and thirty minutes before sunrise.

Source: SDC 1939, § 13.3708; SL 2005, ch 120, § 110.
S.D. Codified Laws § 22-18-6 — SD Code / Title 22 / Chapter 18 / Section 22-18-6
Reasonable force used by carrier to expel passenger--Vehicle stopped
Status: in_force

A carrier of passengers or the authorized agent or servant of such carrier or any person assisting such person at his or her request, may use or attempt to use or offer to use force to expel any passenger who refuses to obey a lawful and reasonable regulation prescribed for the conduct of passengers if the vehicle carrying the passenger has first been stopped and the force used is not more than is sufficient to expel the offending passenger with reasonable regard for the passenger's personal safety.

Source: SDC 1939, § 13.2402 (5); SL 1976, ch 158, § 18-4 ; SL 2005, ch 120, § 10.
S.D. Codified Laws § 22-17-14 — SD Code / Title 22 / Chapter 17 / Section 22-17-14
Coercion to undergo abortion--Penalty
Status: in_force

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

(1) In any manner other than that set forth in § 22-17-13.1 , coerces, compels, or attempts to compel a pregnant woman to undergo an abortion;

(2) Requires a pregnant woman to agree to a provision that if she refuses to undergo an abortion, it is a breach of a contract; or

(3) Requires a pregnant woman to agree to a provision that results in her assuming any cost, obligation, or responsibility for refusing to undergo an abortion.

A subsequent offense of this section is a Class 6 felony.

Source: SL 2021, ch 206, § 2; SL 2022, ch 61, § 3.
S.D. Codified Laws § 22-24-56 — SD Code / Title 22 / Chapter 24 / Section 22-24-56
Public library--Duty to limit minor’s access to obscene materials--Policy required--Publication--Appeal
Status: in_force

Each public library in the state shall:

(1) Equip each public access computer with software that will limit minors' ability to gain access to obscene matter or material, as defined by § 22-24-27 , or purchase internet connectivity from an internet service provider that provides filter services to limit access to obscene material; 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 governing body of the public library, as defined in § 14-2-27 , to determine whether any matter or material is obscene. Any determination made by the governing body as to whether any matter or material is obscene is subject to judicial review in a court of competent jurisdiction. The public library shall:

(a) Publish the policy on the official website of the political subdivision that maintains the library; or

(b) Publish the policy annually in a legal newspaper designated by the governing body of the political subdivision that maintains the library pursuant to § 7-18-3 or 9-12-6 .

Source: SL 1999, ch 76, § 2; SL 2024, ch 86, § 2; SL 2025, ch 96, § 2.
S.D. Codified Laws § 22-18-32 — SD Code / Title 22 / Chapter 18 / Section 22-18-32
Definition of terms
Status: in_force

Terms used in §§ 22-18-31 to 22-18-34 , inclusive, mean:

(1) "HIV," the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome;

(2) "Intimate physical contact," bodily contact which exposes a person to the body fluid of the infected person in any manner that presents a significant risk of HIV transmission; and

(3) "Intravenous or intramuscular drug paraphernalia," any equipment, product, or material of any kind which is peculiar to and marketed for use in injecting a substance into the human body.

Source: SL 2000, ch 99, § 2.
S.D. Codified Laws § 22-24A-18 — SD Code / Title 22 / Chapter 24A / Section 22-24A-18
Computer repair technicians to report suspected violations of child pornography laws--Misdemeanor
Status: in_force

Any commercial computer repair technician who has knowledge of or observes, within the scope of the technician's professional capacity or employment, a film, photograph, video tape, negative, slide or other visual depiction of a minor whom the technician knows or reasonably should know to be under the age of eighteen, engaged in prohibited sexual acts or in the simulation of prohibited sexual acts, shall report the depiction to an appropriate law enforcement agency as soon as reasonably possible. The computer repair technician need not report to law enforcement depictions involving mere nudity of the minor, but shall report visual depictions involving prohibited sexual acts. This section may not be construed to require a computer repair technician to review all data, disks, or tapes delivered to the computer repair technician within the computer repair technician's professional capacity or employment.

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

Source: SL 2002, ch 109, § 25; SDCL, § 22-22-24.18; SL 2005, ch 120, § 407.
S.D. Codified Laws § 22-18-37 — SD Code / Title 22 / Chapter 18 / Section 22-18-37
Female genital mutilation--Felony
Status: in_force

It is a Class 4 felony for any person:

(1) To knowingly circumcise, excise, mutilate, or infibulate, in whole or in part, the labia majora, labia minora, or clitoris of a female under the age of eighteen years;

(2) Who is a parent, guardian, or has immediate custody or control of a female under the age of eighteen years to knowingly consent to or permit the circumcision, excision, mutilation, or infibulation, in whole or in part, of the labia majora, labia minora, or clitoris of such female; or

(3) To knowingly remove, cause, or permit the removal of a female under the age of eighteen years from this state for the purpose of circumcising, excising, mutilating, or infibulating, in whole or in part, the labia majora, labia minora, or clitoris of such female.

Source: SL 2015, ch 127, § 1, eff. Mar. 10, 2015.
S.D. Codified Laws § 22-29-5 — SD Code / Title 22 / Chapter 29 / Section 22-29-5
Felony classes of perjury
Status: in_force

Perjury:

(1) If committed in any trial for felony, is a Class 3 felony;

(2) If committed in any other trial, court proceeding, deposition, or administrative proceeding conducted under oath, is a Class 5 felony;

(3) If committed in any other manner proscribed by law, is a Class 6 felony.

Source: SDC 1939, § 13.1238; SL 1976, ch 158, § 29-2 ; SL 2005, ch 120, § 34; SL 2007, ch 145, § 1.
S.D. Codified Laws § 22-24B-3 — SD Code / Title 22 / Chapter 24B / Section 22-24B-3
Work defined
Status: in_force

As used in § 22-24B-2 , the term, work, includes employment that is full-time or part-time for a period of time exceeding fourteen days or for an aggregate period of time exceeding thirty days during any calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.

Source: SL 2005, ch 120, § 424.
S.D. Codified Laws § 22-10A-1 — SD Code / Title 22 / Chapter 10A / Section 22-10A-1
Definitions
Status: in_force

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

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

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

(a) Admits to gang membership;

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

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

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

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

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

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

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

Source: SL 1992, ch 159, § 1; SDCL, § 22-10-14 ; SL 2005, ch 120, §§ 352, 355.
S.D. Codified Laws § 22-2-3 — SD Code / Title 22 / Chapter 2 / Section 22-2-3
Acts punishable under law of different sovereign
Status: in_force

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

Source: SDC 1939, § 13.0108; SL 2005, ch 120, § 368.
S.D. Codified Laws § 22-10A-2 — SD Code / Title 22 / Chapter 10A / Section 22-10A-2
Reclassification of offense if part of street gang activity
Status: in_force

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

Source: SL 1992, ch 159, § 2; SDCL, § 22-10-15; SL 2005, ch 120, §§ 353, 355.
S.D. Codified Laws § 22-10-11 — SD Code / Title 22 / Chapter 10 / Section 22-10-11
Refusal to disperse or refrain from riot or unlawful assembly--Misdemeanor
Status: in_force

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

Source: SDC 1939, § 13.1407; SL 1976, ch 158, § 10-6 ; SL 2005, ch 120, § 350.
S.D. Codified Laws § 22-4-1 — SD Code / Title 22 / Chapter 4 / Section 22-4-1
Attempt--Punishment
Status: in_force

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

Source: SDC 1939, § 13.0401; SL 1972, ch 137; SL 1976, ch 158, § 4-1; SL 2005, ch 120, § 377; SL 2023, ch 67, § 1.
S.D. Codified Laws § 22-6-8 — SD Code / Title 22 / Chapter 6 / Section 22-6-8
Restitution to victims at discretion of court
Status: in_force

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

Source: SL 1998, ch 129, § 1; SL 2005, ch 120, § 434.
S.D. Codified Laws § 22-24-27 — SD Code / Title 22 / Chapter 24 / Section 22-24-27
Definition of terms
Status: in_force

Terms used in §§ 22-24-25 to 22-24-37 , inclusive, and §§ 22-24-69 to 22-24-73 , inclusive, mean:

(1) "Contemporary community standard," the contemporary community standard of the state in which the question of obscenity is to be tested, by the average person, of the state;

(2) "Covered platform," a website for which it is in the regular course of the website's trade or business to create, host, or make available material that is harmful to minors;

(3) "Distributed," to transfer possession of, whether with or without consideration;

(4) "Exhibit," to show or display;

(5) "Harmful to minors," includes in its meaning the quality of any material or of any performance or of any description or representation, in whatever form, of nudity, sexual conduct, sexual excitement, or sado-masochistic abuse, if it:

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

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

(c) Is without serious literary, artistic, political, or scientific value;

(6) "Magistrate," any circuit court or magistrate judge;

(7) "Material," anything tangible that is harmful to minors, whether derived through the medium of reading, observation, or sound;

(8) "Matter" or "material," any book, magazine, newspaper, or other printed or written material; any picture, drawing, photograph, motion picture, or other pictorial representation; any statue or other figure; recording, transcription or mechanical, chemical, or electrical reproduction; or any other articles, equipment, machines, or materials;

(9) "Minor," any person less than eighteen years of age;

(10) "Nudity," within the meaning of subdivision (5) of this section, the showing of the human male or female genitals, pubic area, or buttocks with less than a full opaque covering, the showing of the female breast with less than a full opaque covering or any portion thereof below the top of the nipple, or the depiction of covered male genitals in a discernibly turgid state;

(11) "Obscene live conduct," any physical human body activity, whether performed or engaged in alone or with other persons, including singing, speaking, dancing, acting, simulation, or pantomiming, where:

(a) The dominant theme of such conduct, taken as a whole, appeals to a prurient interest;

(b) The conduct is patently offensive because it affronts contemporary community standards relating to the description or representation of sexual matters; and

(c) The conduct is without serious literary, artistic, political, or scientific value.

In prosecutions under §§ 22-24-27 to 22-24-37 , inclusive, if circumstances of production, presentation, advertising, or exhibition indicate that live conduct is being commercially exploited by the defendant for the sake of its prurient appeal, the evidence is probative with respect to the nature of the conduct;

(12) "Obscene material," material:

(a) The dominant theme of which, taken as a whole, appeals to the prurient interest;

(b) That is patently offensive because it affronts contemporary community standards relating to the description or representation of sado-masochistic abuse or sexual conduct; and

(c) That lacks serious literary, artistic, political, or scientific value.

In prosecutions under §§ 22-24-27 to 22-24-37 , inclusive, if circumstances of production, presentation, sale, dissemination, or publicity indicate that the matter is being commercially exploited by the defendant for the sake of its prurient appeal, the evidence is probative with respect to the nature of the matter;

(13) "Prurient interest," a shameful or morbid interest in nudity, sex, or excretion, that goes substantially beyond customary limits of candor in description or representation of such matters. If it appears from the character of the material or the circumstances of its dissemination that the subject matter is designed for a specially susceptible audience or clearly defined deviant sexual group, the appeal of the subject matter must be judged with reference to such audience or group;

(14) "Reasonable age verification," any method by which a covered platform confirms that an individual attempting to access material that is harmful to minors is at least eighteen years of age by verifying:

(a) A state-issued driver license or non-driver identification card;

(b) The individual's bank account information;

(c) A debit or credit card from the individual that requires the individual in ownership of the card to be at least eighteen years of age; or

(d) Any other method or document that reliably and accurately indicates if a user of a covered platform is a minor and prevents a minor from accessing the content of a covered platform;

(15) "Sado-masochistic abuse," flagellation or torture by or upon a person who is nude or clad in undergarments, a mask, or bizarre costume; or the condition of being fettered, bound, or otherwise physically restrained on the part of one who is nude or so clothed;

(16) "Sexual conduct," within the meaning of subdivision (5) of this section, any act of masturbation, homosexuality, sexual intercourse, or physical contact with a person's clothed or unclothed genitals, pubic area, buttocks, or if such person be a female, the breast; and

(17) "Sexual excitement," the condition of human male or female genitals when in a state of sexual stimulation or arousal.

Source: SL 1968, ch 29, § 1; SDCL Supp, § 22-24-11; SL 1974, ch 165, § 1; SL 1976, ch 158, §§ 24-3 to 24-5; SL 1994, ch 167, § 3; SL 2005, ch 120, § 303; SL 2025, ch 95, § 1.
S.D. Codified Laws § 22-25A-6 — SD Code / Title 22 / Chapter 25A / Section 22-25A-6
State defined
Status: in_force

For the purposes of this chapter, the term, state, means this state, including a territory, possession, county, and land owned, occupied, or held in trust for an Indian tribe, whether or not federally recognized as an Indian tribe.

Source: SL 2000, ch 106, § 6.
S.D. Codified Laws § 22-12-13 — SD Code / Title 22 / Chapter 12 / Section 22-12-13
Malicious procurement of search warrant--Misdemeanor
Status: in_force

Any person who, maliciously and without probable cause, procures a search warrant to be issued and executed is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1213; SDC 1939 & Supp 1960 § 34.9904; SDCL, § 23-15-11; SL 1978, ch 185, § 5; SL 2005, ch 120, § 240.
S.D. Codified Laws § 22-16-36 — SD Code / Title 22 / Chapter 16 / Section 22-16-36
Suicide defined
Status: in_force

Suicide is the intentional taking of one's own life.

Source: SDC 1939, § 13.1901; SL 1968, ch 31, § 1.
S.D. Codified Laws § 22-42-22 — SD Code / Title 22 / Chapter 42 / Section 22-42-22
Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor
Status: in_force

No person may knowingly possess Salvia divinorum or salvinorin A. It is a Class 1 misdemeanor to possess two ounces or less of Salvia divinorum or salvinorin A. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A.

Source: SL 2009, ch 119, § 1, eff. Mar. 10, 2009.
S.D. Codified Laws § 22-24-1.3 — SD Code / Title 22 / Chapter 24 / Section 22-24-1.3
Indecent exposure involving a child--Felony
Status: in_force

If any person, eighteen years of age or older, with the intent to arouse or gratify the sexual desire of any person, intentionally exposes his or her genitals to a child, thirteen years of age or younger, that person is guilty of the crime of indecent exposure involving a child. Indecent exposure involving a child is a Class 6 felony. A second or subsequent conviction for indecent exposure involving a child is a Class 5 felony.

Source: SL 2002, ch 111, § 1; SL 2005, ch 120, § 300; SL 2009, ch 116, § 1.
S.D. Codified Laws § 22-30A-21 — SD Code / Title 22 / Chapter 30A / Section 22-30A-21
Law enforcement officer retaining seized property as theft
Status: in_force

No state, county, or municipal law enforcement officer may retain or dispose of property that has been seized or confiscated unless the law enforcement officer retains or disposes of such property pursuant to law or a court order. A violation of this section constitutes theft pursuant to § 22-30A-1 .

Source: SL 1983, ch 177; SL 2005, ch 120, § 77.
S.D. Codified Laws § 22-18-29 — SD Code / Title 22 / Chapter 18 / Section 22-18-29
Assault by adult prisoner in county or municipal jail--Intentionally causing contact with bodily fluids or human waste--Felony
Status: in_force

Any adult confined in a county or municipal jail who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a county or municipal jail employee, or visitor, or other person authorized by the county or municipal jail to be on the premises, is guilty of a Class 6 felony.

Source: SL 1997, ch 130, § 6; SL 1998, ch 133, § 1; SL 1999, ch 118, § 1; SL 2005, ch 120, § 15.
S.D. Codified Laws § 22-24-30 — SD Code / Title 22 / Chapter 24 / Section 22-24-30
Admission to show or exhibition as disseminating material harmful to minors
Status: in_force

A person is guilty of disseminating material harmful to minors if, with reference to a motion picture, show, or other presentation which depicts nudity, sexual conduct, or sado-masochistic abuse, and which is harmful to minors, that person knowingly:

(1) Exhibits such motion picture, show, or other presentation to a minor;

(2) Sells or gives to a minor an admission ticket or pass to premises whereon there is exhibited such motion picture, show, or other presentation; or

(3) Admits a minor for a monetary consideration to premises whereon there is exhibited or to be exhibited such motion picture, show, or other presentation.

Source: SL 1974, ch 165, § 18 (2); SL 2005, ch 120, § 306.
S.D. Codified Laws § 22-12A-1 — SD Code / Title 22 / Chapter 12A / Section 22-12A-1
Giving consideration for appointment to or performance of duties of public office--Misdemeanor
Status: in_force

Any person who gives, or agrees or offers to give, any gratuity or reward in consideration that that person or any other person be appointed to any public office, or be permitted to exercise, perform, or discharge the prerogatives or duties of any public office, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1109; SDCL, § 3-15-6; SL 1973, ch 23, § 24; SDCL Supp, § 3-6A-45 ; SL 1976, ch 158, § 12A-1; SL 2005, ch 120, § 329.
S.D. Codified Laws § 22-22-44 — SD Code / Title 22 / Chapter 22 / Section 22-22-44
Provisions of §22-22-42not applicable to accepted practices
Status: in_force

The provisions of § 22-22-42 do not apply to or prohibit normal, ordinary, or accepted practices involved in animal husbandry, artificial insemination, or veterinary medicine.

Source: SL 2003, ch 127, § 3.
S.D. Codified Laws § 22-24B-1.1 — SD Code / Title 22 / Chapter 24B / Section 22-24B-1.1
Business day defined
Status: in_force

For the purposes of this chapter, the term, business day, is defined to mean the same as subdivision 37-24-1(2).

Source: SL 2010, ch 118, § 5.
S.D. Codified Laws § 22-18-4.8 — SD Code / Title 22 / Chapter 18 / Section 22-18-4.8
Immunity--Burden of proof
Status: in_force

A person who uses or threatens to use force, as permitted in §§ 22-18-4 to 22-18-4 .7, inclusive, is justified in such conduct and is immune from criminal prosecution and from civil liability for the use or threatened use of such force brought by the person against whom force was used or threatened, or by any personal representative or heir of the person against whom force was used or threatened, unless:

(1) (a) The person against whom force was used or threatened is a law enforcement officer, who was acting in the performance of official duties; and

(b) The officer identified himself or herself; or

(2) The person using or threatening to use force knew or reasonably should have known that the person was a law enforcement officer who was acting in the performance of official duties.

The court shall award reasonable attorney's fees, court costs, compensation for loss of income, and all expenses incurred by a defendant in the defense of any civil action brought by a plaintiff, if the court finds that the defendant is immune from prosecution in accordance with this section.

In a criminal prosecution, once a prima facie claim of self-defense immunity has been raised by the defendant, the burden of proof, by clear and convincing evidence, is on the party seeking to overcome the immunity from criminal prosecution provided for in this section.

As used in this section, the term, criminal prosecution, includes arresting, detaining in custody, and charging or prosecuting the defendant.

Source: SL 2021, ch 93, § 10; SL 2022, ch 62, § 1.
S.D. Codified Laws § 22-14-22 — SD Code / Title 22 / Chapter 14 / Section 22-14-22
County courthouse and state capitol defined
Status: in_force

For the purposes of §§ 22-14-23 to 22-14-28 , inclusive:

(1) The term, county courthouse, means any building occupied for the public sessions of a circuit court, with its various offices, including any building appended to or used as a supplementary structure to a county courthouse; and

(2) The term, state capitol, includes any building appended to or used as a supplementary structure to the state capitol.

Source: SL 1993, ch 173, § 1; SL 2005, ch 120, § 261; SL 2019, ch 106, § 1.
S.D. Codified Laws § 22-18-30 — SD Code / Title 22 / Chapter 18 / Section 22-18-30
Third or subsequent offense--Offense in another state
Status: in_force

Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would constitute a violation of simple assault under § 22-18-1 , 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 , and that occurs within ten years prior to the date of the violation being charged, shall be used to determine if the violation to be charged is a third or subsequent offense pursuant to § 22-18-1 .

Source: SL 1999, ch 117, § 2; SL 2012, ch 124, § 1; SL 2020, ch 82, § 1.
S.D. Codified Laws § 22-24B-29 — SD Code / Title 22 / Chapter 24B / Section 22-24B-29
Summary description of offense forwarded to or developed by Division of Criminal Investigation
Status: in_force

If any person is convicted of a sex crime as defined in § 22-24B-1 that is subject to sex offender registration requirements as defined in §§ 22-24B-2 to 22-24B-14 , inclusive, the prosecuting attorney shall prepare a summary description of the offense and forward this to the Division of Criminal Investigation for inclusion on the sex offender registry.

Any person who, on July 1, 2006, is subject to sex offender registration or is subject to sex offender registration as a result of a foreign criminal conviction, may have a summary description of the offense developed by the Division of Criminal Investigation and entered on the registry, if the information is available.

The term, foreign criminal conviction, as used in this section and § 22-24B-31 , means any conviction issued by a court of competent jurisdiction of another state, federal court, Indian tribe, the District of Columbia, or a commonwealth, territory, or possession of the United States which is enforceable as if the order was issued by a court in this state.

Nothing in this section allows the release of the name of the victim of the crime to any person other than law enforcement agencies, and the name of the victim is confidential.

Source: SL 2006, ch 121, § 9.
S.D. Codified Laws § 22-42-5 — SD Code / Title 22 / Chapter 42 / Section 22-42-5
Unauthorized possession of controlled drug or substance as felony
Status: in_force

No person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner's professional practice or except as otherwise authorized by chapter 34-20B . A charge for unauthorized possession of controlled substance when absorbed into the human body as set forth in subdivision 22-42-1(1) shall only be charged under the provisions of § 22-42-5.1 . A violation of this section for a substance in Schedules I or II is a Class 5 felony. A violation of this section for a substance in Schedule III and IV is a Class 6 felony.

Source: SL 1970, ch 229, § 10 (c); SL 1971, ch 225, § 3; SDCL Supp, § 39-17-95; SL 1976, ch 158, § 42-5 ; SL 1985, ch 186; SL 1998, ch 139, § 1; SL 2013, ch 101, § 58.
S.D. Codified Laws § 22-24-73 — SD Code / Title 22 / Chapter 24 / Section 22-24-73
Online covered platform--Applicability
Status: in_force

The provisions of §§ 22-24-69 to 22-24-72 , inclusive, do not apply to any general-purpose search engine, internet service provider or its affiliates or subsidiaries, or cloud service provider.

Source: SL 2025, ch 95, § 8.
S.D. Codified Laws § 22-30A-31 — SD Code / Title 22 / Chapter 30A / Section 22-30A-31
Passing check as prima facie evidence
Status: in_force

The passing of a check, described in § 22-30A-24 , that bears the name and address of an account holder and bears a signature, purporting to be that of the account holder, is prima facie evidence that an account holder executed the check.

Source: SL 1998, ch 138, § 1; SDCL, § 22-41-2.4; SL 2005, ch 120, § 139.
S.D. Codified Laws § 22-30A-19.1 — SD Code / Title 22 / Chapter 30A / Section 22-30A-19.1
Liability of shoplifter to owner or seller--Penalty
Status: in_force

Any adult, or any emancipated minor as defined in § 25-5-24 , or any parent or guardian of any unemancipated minor, who takes possession of any goods, wares, or merchandise displayed or offered for sale by a store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting the goods to the person's own use without having paid the purchase price, is liable to the owner or seller for the retail value of the merchandise, regardless of whether or not the merchandise has been recovered in undamaged condition by the owner or seller. In addition, the owner or seller is entitled to a penalty of four times the retail value of the merchandise, or one hundred dollars, whichever is greater.

Source: SL 1989, ch 199, § 1; SL 1993, ch 213, § 108; SL 1994, ch 179, § 1; SL 1997, ch 138, § 1; SL 2005, ch 120, § 72.
S.D. Codified Laws § 22-46-5 — SD Code / Title 22 / Chapter 46 / Section 22-46-5
Investigation of report of abuse, neglect or exploitation
Status: in_force

The person or agency that receives, pursuant to § 22-46-7 , a report of abuse, neglect, or exploitation of an elder or adult with a disability shall also forward the report to the Office of the Attorney General, if the person or agency determines that reasonable suspicion exists to support further investigation. In investigating a violation of this chapter, law enforcement agencies shall cooperate with and assist the Department of Human Services. Upon receiving a report made pursuant to this chapter, the law enforcement agency shall evaluate whether a criminal investigation is appropriate.

Source: SL 1990, ch 171, § 4; SL 2016, ch 120, § 24; SL 2017, ch 230 (Ex. Ord. 17-1 ), § 22, eff. Apr. 13, 2017.
S.D. Codified Laws § 22-24B-8.1 — SD Code / Title 22 / Chapter 24B / Section 22-24B-8.1
Annual confirmation by law enforcement of residence address
Status: in_force

The chief of police in the municipality in which the sex offender resides, or if no chief of police exists, the sheriff of the county, shall annually confirm that the address listed on the sex offender registry matches the residence of each registered sex offender. Such confirmation shall be submitted to the Division of Criminal Investigation.

Source: SL 2006, ch 123, § 4.
S.D. Codified Laws § 22-43-1 — SD Code / Title 22 / Chapter 43 / Section 22-43-1
Commercial bribery--Misdemeanor
Status: in_force

Any person who confers, or agrees to confer, directly or indirectly, any benefit upon any employee, agent, or fiduciary without the consent of the latter's employer or principal, with intent to influence the employee's, agent's, or fiduciary's conduct in relation to that person's employer's or principal's affairs, is guilty of commercial bribery. Commercial bribery is a Class 1 misdemeanor.

Source: SL 1980, ch 173, § 6; SL 2005, ch 120, § 296.
S.D. Codified Laws § 22-45-1 — SD Code / Title 22 / Chapter 45 / Section 22-45-1
Definition of terms
Status: in_force

Terms as used in this chapter mean:

(1) "Benefit," any benefit authorized under the medical services program of the State Department of Social Services;

(2) "Claim," any communication, whether oral, written, electronic, or magnetic, which is utilized to identify a good, item, or service as reimbursable under the program;

(3) "Person," any individual, corporation, limited liability company, partnership, association, or other legal entity;

(4) "Program," the medical assistance program authorized by Title XIX of the Federal Social Security Act and implemented by the medical services program of the State Department of Social Services;

(5) "Provider," any person who has applied to participate or who participates in the program as a provider of a good or a service;

(6) "Recipient," any individual who receives benefits under the program;

(7) "Records," any medical, professional, or business records relative to the treatment or care of any recipient, or to a good or a service provided to any such recipient, or to rates paid for such a good or a service, and any records required to be kept by regulations of the program;

(8) "Sign," to affix a signature directly or indirectly by means of handwriting, typewriter, signature stamp, computer impulse, or other means; and

(9) "Single state agency," the state agency which administers the program, or any person who by virtue of a contract or agreement with the state administers any part of the program, or processes or pays claims for the program.

Source: SL 1986, ch 187, § 1; SL 1994, ch 351, § 42.
S.D. Codified Laws § 22-25-50 — SD Code / Title 22 / Chapter 25 / Section 22-25-50
Violation as misdemeanor--Second or subsequent violation as felony
Status: in_force

Any person who violates any provision of §§ 22-25-32 to 22-25-35 , inclusive, or 22-25-39 to 22-25-47 , inclusive, is guilty of a Class 1 misdemeanor. Any person convicted of a second or subsequent violation of the provisions of §§ 22-25-32 to 22-25-35 , inclusive, or 22-25-39 to 22-25-47 , inclusive, is guilty of a Class 6 felony.

Source: SL 1988, ch 188, § 22; SL 2022, ch 66, § 12.
S.D. Codified Laws § 22-42A-4 — SD Code / Title 22 / Chapter 42A / Section 22-42A-4
Delivery of drug paraphernalia as felony
Status: in_force

No person, knowing the drug related nature of the object, may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or marijuana in violation of this chapter. Any person who violates any provision of this section is guilty of a Class 6 felony.

Source: SL 1983, ch 180, § 4; SL 1984, ch 172, § 4; SL 1998, ch 139, § 7.
S.D. Codified Laws § 22-18-1.2 — SD Code / Title 22 / Chapter 18 / Section 22-18-1.2
Criminal battery of an unborn child--Misdemeanor
Status: in_force

Any person who assaults a pregnant woman and inflicts bodily injury on an unborn child who is subsequently born alive is guilty of criminal battery of an unborn child. Criminal battery of an unborn child is a Class 1 misdemeanor. For the purposes of this section, the term, bodily injury, does not include the inducement of the unborn child's birth if done for bona fide medical purposes.

Source: SL 1995, ch 122, § 7; SL 2005, ch 120, § 4; SL 2012, ch 123, § 2.
S.D. Codified Laws § 22-7-7 — SD Code / Title 22 / Chapter 7 / Section 22-7-7
One or two prior felony convictions--Sentence increased--Limitation--Felony determination
Status: in_force

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

Source: SDC 1939, § 13.0611; SDCL, § 22-7-1 ; SL 1976, ch 158, § 7-2 ; SL 1977, ch 189, § 18; SL 2005, ch 120, § 383.
S.D. Codified Laws § 22-33-9.3 — SD Code / Title 22 / Chapter 33 / Section 22-33-9.3
Reckless burning or exploding--Felony
Status: in_force

Any person who intentionally starts a fire or causes an explosion, whether on his or her own property or another's, and thereby recklessly:

(1) Places another person in danger of death or serious bodily injury; or

(2) Places a building or occupied structure of another in danger of damage or destruction;

Source: SL 2005, ch 120, § 88.
S.D. Codified Laws § 22-18-4.2 — SD Code / Title 22 / Chapter 18 / Section 22-18-4.2
Defense of dwelling or residence--Force--Deadly force
Status: in_force

A person who is in a dwelling or residence, in which the person has a right to be:

(1) Has no duty to retreat;

(2) Has the right to stand his or her ground; and

(3) Has the right to use or threaten to use:

(a) Force against another, if the person reasonably believes that using or threatening to use force is necessary to defend himself, herself, or another against the imminent use of unlawful force; and

(b) Deadly force, if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of a forcible felony.

Source: SL 2021, ch 93, § 4.
S.D. Codified Laws § 22-39-38 — SD Code / Title 22 / Chapter 39 / Section 22-39-38
Possessing a forged instrument--Knowledge--Intent--Felony
Status: in_force

Any person who, with the intent to defraud, possesses any forged instrument with the knowledge that the instrument has been forged is guilty of possessing a forged instrument. Possessing a forged instrument is a Class 6 felony.

Source: SDC 1939, §§ 13.4101 (2), (4), 13.4107; SDCL, §§ 22-39-11, 22-39-20, 22-39-27, 22-39-28; SL 1976, ch 158, § 39-4 ; SL 2005, ch 120, § 104.
S.D. Codified Laws § 22-30A-20 — SD Code / Title 22 / Chapter 30A / Section 22-30A-20
Unauthorized possession of federal Department of Agriculture commodities transferred to state
Status: in_force

Any person who receives, retains, or disposes of United States Department of Agriculture commodities which have been transferred to the State of South Dakota, who is not entitled to possess those commodities, either as an eligible recipient of commodities pursuant to 7 CFR 250.3 as effective on January 1, 1981, or as a purchaser of commodities which have been released for sale due to condition or damage and have been plainly marked as available for sale to the public, is guilty of theft.

Source: SL 1981, ch 179, § 1; SL 2005, ch 120, § 76.
S.D. Codified Laws § 22-25A-9 — SD Code / Title 22 / Chapter 25A / Section 22-25A-9
Violation if gambling originates or terminates in state--Each bet a separate violation
Status: in_force

A violation of § 22-25A-7 or 22-25A-8 occurs if the violation originates or terminates, or both, in this state. Each individual bet or wager offered in violation of § 22-25A-7 or from a location or site that violates § 22-25A-8 constitutes a separate violation.

Source: SL 2000, ch 106, § 9.
S.D. Codified Laws § 22-19-11 — SD Code / Title 22 / Chapter 19 / Section 22-19-11
Failure to report offense as complete defense
Status: in_force

It is a complete defense to a prosecution for a violation of §§ 22-19-9 and 22-19-10 that the person having lawful custody or right of visitation failed to report the offense to law enforcement authorities within ninety days of the offense.

Source: SL 1980, ch 174, § 3.
S.D. Codified Laws § 22-42-2.1 — SD Code / Title 22 / Chapter 42 / Section 22-42-2.1
Written prescription required to dispense Schedule II substance--Refills prohibited--Felony
Status: in_force

No person other than a practitioner who is not a pharmacist, may dispense a controlled drug or substance included in Schedule II to an ultimate user without the written prescription of a practitioner who is not a pharmacist. No prescription for a Schedule II drug or substance shall be refilled. A violation of this section is a Class 4 felony.

Source: SL 1970, ch 229, § 9 (k); SDCL, § 39-17-83; SL 1977, ch 189, § 80.
S.D. Codified Laws § 22-18-1.5 — SD Code / Title 22 / Chapter 18 / Section 22-18-1.5
Assaults with intent to cause serious permanent disfigurement--Felony
Status: in_force

Any person, who assaults another with the intent to cause serious permanent disfigurement and causes serious permanent disfigurement, is guilty of a Class 2 felony.

Assault with intent to cause serious permanent disfigurement as set forth in this section may be charged in the alternative as aggravated assault, as set forth in § 22-18-1.1 .

Source: SL 2017, ch 96, § 1.
S.D. Codified Laws § 22-24B-2 — SD Code / Title 22 / Chapter 24B / Section 22-24B-2
Registration of convicted sex offenders--Time limit--Violation as felony--Discharge
Status: in_force

Any person who has been convicted for commission of a sex crime, as defined in § 22-24B-1 , shall register in person as a sex offender. The term, convicted, includes a verdict or plea of guilty, a plea of nolo contendere, and a suspended imposition of sentence which has not been discharged pursuant to § 23A-27-14 before July 1, 1995.

Any juvenile fourteen years or older at the time of the offense shall register as a sex offender if that juvenile has been adjudicated of rape as defined in subdivision 22-24B-1(1), or of an out-of-state or federal offense that is comparable to the elements of the crime of rape or any crime committed in another state if the state also requires a juvenile adjudicated of that crime to register as a sex offender in that state. The term, adjudicated, includes a court's finding of delinquency, an admission, and a suspended adjudication of delinquency which has not been discharged pursuant to § 26-8C-4 before July 1, 2009.

The sex offender shall register within three business days of coming into any county to reside, temporarily domicile, attend school, attend postsecondary education classes, or work. Registration shall be with the chief of police of the municipality or the sheriff of the county in which the sex offender resides, temporarily domiciles, attends school, attends postsecondary education classes, or works. The sex offender shall notify the chief of police or sheriff if there is a change where the sex offender resides, attends school, or works. If the sex offender is not otherwise registered in the state, the sex offender shall register within three business days of coming into any county when the sex offender applies for or receives a South Dakota driver license, registers a motor vehicle, establishes a postal address, or registers to vote. A violation of this section is a Class 6 felony. Any person whose sentence is discharged pursuant to § 23A-27-14 after July 1, 1995, shall forward a certified copy of the formal discharge by certified mail to the Division of Criminal Investigation and to local law enforcement where the person is then registered under this section. Upon receipt of the notice, the person shall be removed from the sex offender registry open to public inspection and shall be relieved of further registration requirements under this section.

Any juvenile whose suspended adjudication is discharged pursuant to § 26-8C-4 after July 1, 2009, shall forward a certified copy of the formal discharge by certified mail to the Division of Criminal Investigation and to local law enforcement where the juvenile is then registered under this section. Upon receipt of the notice, the juvenile shall be removed from the sex offender registry open to public inspection and shall be relieved of further registration requirements under this section.

Source: SL 1994, ch 174, § 2; SL 1995, ch 123, § 2; SL 1997, ch 135, § 1; SL 2002, ch 110, § 2; SDCL § 22-22-31 ; SL 2005, ch 120, §§ 415, 417; SL 2006, ch 123, § 2; SL 2009, ch 117, § 1; SL 2010, ch 118, § 1; SL 2010, ch 119, § 8; SL 2015, ch 131, § 1; SL 2016, ch 126, § 2.
S.D. Codified Laws § 22-22-26 — SD Code / Title 22 / Chapter 22 / Section 22-22-26
Forensic medical examination--Costs to county--Costs enumerated
Status: in_force

The county where an alleged rape or sexual offense occurred shall pay the cost of any forensic medical examination performed on the victim of the alleged rape or sexual offense.

The cost of a forensic medical examination includes:

(1) Provider, hospital, or clinic services directly related to the examination;

(2) Necessary forensic supplies;

(3) Scope procedures directly related to the examination, including anoscopy and colposcopy;

(4) Laboratory testing directly related to the examination, including drug screening, urinalysis, pregnancy screening, syphilis screening, chlamydia culture, gonorrhea coverage culture, HIV screening, hepatitis B and C screening, herpes culture, and any other sexually transmitted disease testing directly related to the examination;

(5) Any medication provided during the examination; and

(6) Any radiology service directly related to the examination.

Source: SL 1986, ch. 182; SL 2005, ch 120, § 402; SL 2012, ch 126, § 1; SL 2013, ch 108, § 1; SL 2018, ch 131, § 1; SL 2025, ch 94, § 1; SL 2026, ch 105, § 1.
S.D. Codified Laws § 22-6-2 — SD Code / Title 22 / Chapter 6 / Section 22-6-2
Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed
Status: in_force

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

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

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

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

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

Source: SDC 1939, §§ 13.0105, 13.0607; SDCL § 22-1-5 ; SL 1976, ch 158, §§ 1-3 , 6-2 , 6-5 ; SL 1977, ch 189, § 17; SL 1978, ch 158, § 5; SL 1985, ch 192, § 3; SL 1989, ch 255, § 2; SL 1990, ch 158, § 1; SL 1991, ch 186, § 2; SL 1991, ch 187, § 4; SL 1991, ch 337, § 1; SL 1992, ch 158, § 1; SL 1993, ch 172, § 1; SL 1994, ch 161; SL 1995, ch 120, § 1; SL 1997, ch 126, § 1; SL 1997, ch 143, § 6; SL 2005, ch 120, § 173.
S.D. Codified Laws § 22-14-15.1 — SD Code / Title 22 / Chapter 14 / Section 22-14-15.1
Possession of firearm by one with prior drug conviction--Felony--Exception
Status: in_force

No person who has been convicted of a felony under chapter 22-42 or of a felony for a crime with the same elements in another state may possess or have control of a firearm. A violation of this section is a Class 6 felony. The provisions of this section do not apply to any person who was last discharged from prison, jail, probation, or parole, for a felony under chapter 22-42 more than five years prior to the commission of the principal offense and is not subject to the restrictions in § 22-14-15 .

Source: SL 1998, ch 130, § 2; SDCL, § 22-14-30 ; SL 2005, ch 120, §§ 267, 268.
S.D. Codified Laws § 22-5-1 — SD Code / Title 22 / Chapter 5 / Section 22-5-1
Conduct forced or under threat of force
Status: in_force

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

Source: SDC 1939, § 13.0501; SL 1976, ch 158, § 5-1 ; SL 1977, ch 189, § 14; SL 1978, ch 158, § 3; SL 2005, ch 120, § 379.
S.D. Codified Laws § 22-24B-1 — SD Code / Title 22 / Chapter 24B / Section 22-24B-1
Sex crimes determined
Status: in_force

For the purposes of §§ 22-24B-2 to 22-24B-14 , inclusive, a sex crime is any of the following crimes regardless of the date of the commission of the offense or the date of conviction:

(1) Rape as set forth in § 22-22-1 ;

(2) Felony sexual contact with a minor under sixteen as set forth in § 22-22-7 if committed by an adult;

(3) Sexual contact with a person incapable of consenting as set forth in § 22-22-7.2 ;

(4) Incest if committed by an adult;

(5) Possessing, distributing, or manufacturing child pornography as set forth in §§ 22-24A-35 to 22-24A-37 , inclusive;

(6) Sale of child pornography as set forth in § 22-24A-1 ;

(7) Sexual exploitation of a minor as set forth in § 22-22-24.3 ;

(8) Kidnapping, as set forth in § 22-19-1 , if the victim of the criminal act is a minor;

(9) Promotion of prostitution of a minor as set forth in subdivision 22-23-2 (2);

(10) Criminal pedophilia as previously set forth in § 22-22-30.1 ;

(11) Felony indecent exposure as previously set forth in former § 22-24-1 or felony indecent exposure as set forth in § 22-24-1.2 ;

(12) Solicitation of a minor as set forth in § 22-24A-5 ;

(13) Felony indecent exposure as set forth in § 22-24-1.3 ;

(14) Bestiality as set forth in § 22-22-42 ;

(15) An attempt, conspiracy, or solicitation to commit any of the crimes listed in this section;

(16) Any crime, court martial offense, or tribal offense committed in a place other than this state that constitutes a sex crime under this section if committed in this state;

(17) Any federal crime, court martial offense, or tribal offense that constitutes a sex crime under federal law;

(18) Any crime committed in another state if that state also requires anyone convicted of that crime register as a sex offender in that state;

(19) If the victim is a minor:

(a) Any sexual acts between a jail employee and a detainee as set forth in § 22-22-7.6 ;

(b) Any sexual contact by a psychotherapist as set forth in § 22-22-28 ; or

(c) Any sexual penetration by a psychotherapist as set forth in § 22-22-29 ;

(20) Intentional exposure to HIV infection as set forth in subdivision (1) of § 22-18-31 ;

(21) First degree human trafficking as set forth in § 22-49-2 if the victim is a minor;

(22) Second degree human trafficking as set forth in § 22-49-3 involving the prostitution of a minor;

(23) Felony use or dissemination of visual recording or photographic device without consent and with intent to self-gratify, harass, or embarrass as set forth in § 22-21-4 ;

(24) Manufacturing or distributing a child-like sex doll as set forth in § 22-24A-1.1 ; or

(25) Felony conviction of purchasing or possessing a child-like sex doll as set forth in § 22-24A-3.1 .

Source: SL 1994, ch 174, § 1; SL 1995, ch 123, § 1; SL 1997, ch 134, § 1; SL 1998, ch 136, § 4; SL 2002, ch 109, § 11; SL 2002, ch 110, § 1; SL 2003, ch 127, § 4; SL 2004, ch 153, § 1; SDCL § 22-22-30; SL 2005, ch 120, §§ 415, 416; SL 2006, ch 123, § 1; SL 2008, ch 110, § 1; SL 2010, ch 117, § 1; SL 2010, ch 119, § 9; SL 2015, ch 130, § 1; SL 2016, ch 126, § 1; SL 2020, ch 87, § 1; SL 2021, ch 98, § 5; SL 2024, ch 87, § 13.
S.D. Codified Laws § 22-24A-12 — SD Code / Title 22 / Chapter 24A / Section 22-24A-12
Judgment debtor ineligible to exempt property from levy or execution--Assets subject to forfeiture
Status: in_force

Any person against whom a judgment has been rendered 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 is not eligible to exempt any property, of whatever kind, from process to levy or process to execute on the judgment. Any assets sought to satisfy a judgment under §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 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 that are named in a forfeiture action or have been seized for forfeiture by any state or federal agency may not be used to satisfy a judgment unless and until the assets have been released following the conclusion of the forfeiture action or released by the agency that seized the assets.

Source: SL 2002, ch 109, § 19; SDCL § 22-22-24.12; SL 2005, ch 120, § 407; SL 2014, ch 109, § 24; SL 2015, ch 129, § 2.
S.D. Codified Laws § 22-46-1.1 — SD Code / Title 22 / Chapter 46 / Section 22-46-1.1
Neglect--Exclusions from definition
Status: in_force

For the purposes of this chapter, the term, neglect, does not include a decision that is made to not seek medical care for an elder or disabled adult upon the expressed desire of the elder or disabled adult; a decision to not seek medical care for an elder or disabled adult based upon a previously executed declaration, do-not-resuscitate order, or a power of attorney for health care; a decision to not seek medical care for an elder or disabled adult if otherwise authorized by law; or the failure to provide goods and services outside the means available for the elder or disabled adult.

Source: SL 2007, ch 147, § 2.
S.D. Codified Laws § 22-24A-5 — SD Code / Title 22 / Chapter 24A / Section 22-24A-5
Solicitation of a minor--Felony--Assessment
Status: in_force

A person is guilty of solicitation of a minor if the person eighteen years of age or older:

(1) Solicits a minor, or someone the person reasonably believes is a minor, to engage in a prohibited sexual act; or

(2) Knowingly compiles or transmits by means of a computer; or prints, publishes or reproduces by other computerized or any other electronic means; or buys, sells, receives, exchanges or disseminates, any notice, statement or advertisement of any minor's name, telephone number, place of residence, physical characteristics or other descriptive or identifying information for the purpose of soliciting a minor or someone the person reasonably believes is a minor to engage in a prohibited sexual act.

The fact that an undercover operative or law enforcement officer was involved in the detection and investigation of an offense under this section does not constitute a defense to a prosecution under this section.

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

A violation of this section is a Class 4 felony.

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

Nothing contained in this section shall be construed to impose liability on a provider of an electronic communication service, an information service, a mobile service, including a commercial mobile service, a telecommunication service, an interactive computer service, or a cable service.

Source: SL 2002, ch 109, § 10; SDCL § 22-22-24.5; SL 2005, ch 120, §§ 407, 410; SL 2006, ch 121, § 8; SL 2010, ch 116, § 1; SL 2016, ch 124, § 2.
S.D. Codified Laws § 22-30A-19.3 — SD Code / Title 22 / Chapter 30A / Section 22-30A-19.3
Demand for payment by victim of retail theft
Status: in_force

Any owner or seller of merchandise who is the victim of retail theft pursuant to § 22-30A-19.1 may make a written demand for the amount for which any person is liable pursuant to § 22-30A-19.1 . Except for a sole proprietorship, a member of management, other than the initial detaining person, shall evaluate the validity of the accusation that an act of retail theft was committed and shall approve the accusation before a written demand for payment is issued. The demand for payment shall be mailed by certified mail to the person from whom payment is demanded or served personally on the person from whom payment is demanded. Personal service shall be accomplished in the same manner as the service of a summons.

Source: SL 1989, ch 199, § 3; SL 1997, ch 138, § 3; SL 2005, ch 120, § 74.
S.D. Codified Laws § 22-6-9 — SD Code / Title 22 / Chapter 6 / Section 22-6-9
Protection order in cases of assault or crimes of violence--Affidavit of injury--Procedures
Status: in_force

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

Source: SL 2000, ch 101, § 1.
S.D. Codified Laws § 22-42-11 — SD Code / Title 22 / Chapter 42 / Section 22-42-11
Inhabiting room where controlled substances illegally stored or used as misdemeanor
Status: in_force

Any person who inhabits a room knowing that any controlled drug or substance is being illegally stored or used therein, is guilty of a Class 1 misdemeanor.

Source: SL 1970, ch 229, § 10 (j); SDCL Supp, § 39-17-110; SL 1977, ch 189, § 87.
S.D. Codified Laws § 22-30A-26 — SD Code / Title 22 / Chapter 30A / Section 22-30A-26
Return of property or payment of check and the costs and expenses prohibits criminal prosecution
Status: in_force

If any person, who has been accused of a violation of § 22-30A-24 or 22-30A-25 , restores or returns the property allegedly obtained as consideration or makes payment of the check and the costs and expenses provided for in § 57A-3-421 to the holder within thirty days of the mailing or delivery of the notice of dishonor, no criminal prosecution may occur in regard to the check.

Source: SL 1986, ch 183, § 2; SDCL, § 22-41-1.3; SL 2005, ch 120, §§ 134, 139.
S.D. Codified Laws § 22-42-3 — SD Code / Title 22 / Chapter 42 / Section 22-42-3
Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III 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 III; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule III; create or distribute a counterfeit substance listed in Schedule III; or possess with intent to distribute a counterfeit substance listed in Schedule III. A violation of this section is a Class 5 felony. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. A first conviction under this section shall be punished by a mandatory sentence in 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. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least ninety days, which sentence may not be suspended. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least two years, which sentence may not be suspended. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars.

Source: SL 1970, ch 229, § 10 (a) (1), (2), (b) (2); SL 1971, ch 225, § 2; SDCL Supp, §§ 39-17-88, 39-17-89, 39-17-91; SL 1976, ch 158, § 42-3; SL 1977, ch 189, § 90; SL 1982, ch 179, § 2; SL 1983, ch 178, § 2; SL 1986, ch 185, § 2; SL 2013, ch 101, § 56; SL 2023, ch 82, § 15.
S.D. Codified Laws § 22-11-1 — SD Code / Title 22 / Chapter 11 / Section 22-11-1
Resisting execution or service of process
Status: in_force

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

Source: SDC 1939, § 13.1408; SL 1976, ch 158, § 11-1 ; SL 1977, ch 189, § 24.
S.D. Codified Laws § 22-14A-6 — SD Code / Title 22 / Chapter 14A / Section 22-14A-6
Possession of explosive or device with intent to injure, intimidate, or destroy property--Felony
Status: in_force

Any person who has in his or her possession any explosive or destructive device under circumstances not described in § 22-14A-5 , with intent to injure, intimidate, or terrify any person, or with intent to wrongfully injure or destroy any property, is guilty of a Class 3 felony.

Source: SL 1972, ch 140, § 4; SL 1976, ch 158, § 14A-3; SL 1977, ch 189, § 38; SL 2005, ch 120, § 272.
S.D. Codified Laws § 22-16-32 — SD Code / Title 22 / Chapter 16 / Section 22-16-32
Justifiable homicide-Law enforcement officers or at command of officer--Overcoming resistance--Capturing or arresting fleeing felons
Status: in_force

Homicide is justifiable if committed by a law enforcement officer or by any person acting by command of a law enforcement officer in the aid and assistance of that officer:

(1) If necessarily committed in overcoming actual resistance to the execution of some legal process, or to the discharge of any other legal duty; or

(2) If necessarily committed in retaking felons who have been rescued or who have escaped; or

(3) If necessarily committed in arresting felons fleeing from justice.

Source: SDC 1939, § 13.2004; SL 1976, ch 158, § 16-9 ; SL 1977, ch 189, § 43; SL 2005, ch 120, § 163.
S.D. Codified Laws § 22-24-25.1 — SD Code / Title 22 / Chapter 24 / Section 22-24-25.1
County or municipal ordinance establishing contemporary community standards test
Status: in_force

Any county or municipality may provide, by ordinance, for a contemporary community standards test to regulate the sale, distribution, and use of obscene material and to regulate obscene live conduct in any commercial establishment or public place within its jurisdiction.

Source: SDCL, § 22-24-25 as added by SL 1978, ch 162; SL 1994, ch 167, § 2; SL 2004, ch 155, § 1; SL 2005, ch 120, § 302.
S.D. Codified Laws § 22-24-72 — SD Code / Title 22 / Chapter 24 / Section 22-24-72
Online covered platform--Injunction and civil penalty
Status: in_force

Any covered platform found to be in violation of § 22-24-69 or 22-24-70 is subject to an injunction and liable for a civil penalty of not more than five thousand dollars for each separate instance that the covered platform fails to perform reasonable age verification. The civil penalty may be assessed and recovered only in a civil action brought by the attorney general. The attorney general shall forward any civil penalty collected under this section to the state treasurer, for deposit in the state general fund.

Nothing in this section may be construed to serve as the basis for a new private right of action under § 22-24-69 or 22-24-70 .

Source: SL 2025, ch 95, § 7.
S.D. Codified Laws § 22-11-5 — SD Code / Title 22 / Chapter 11 / Section 22-11-5
Unlawful arrest no defense if officer acting under color of authority with reasonable force--Color of authority for law enforcement officer, firefighter, or emergency medical technician
Status: in_force

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

Source: SL 1976, ch 158, § 11-2 ; SL 2005, ch 120, § 195.
S.D. Codified Laws § 22-46-15 — SD Code / Title 22 / Chapter 46 / Section 22-46-15
Third party property interest acquired for value and in good faith unaffected by severance of perpetrator's property interest
Status: in_force

A severance pursuant to subdivision 22-46-14(2) does not affect any third party interest in property that was acquired for value and in good faith reliance on apparent title by survivorship in the perpetrator unless a writing declaring the severance has been noted, registered, filed, or recorded in records that are appropriate to the kind and location of the property and that are relied on as evidence of ownership in the ordinary course of transactions involving that property.

Source: SL 2016, ch 120, § 30.
S.D. Codified Laws § 22-11A-1 — SD Code / Title 22 / Chapter 11A / Section 22-11A-1
Definition of terms
Status: in_force

The term, prisoner, as used in this chapter, includes every person who is in custody by being under arrest or by being under process of law issued from a court of competent jurisdiction, whether civil or criminal. A prisoner at the time of escape need not be in a place designated for the keeping of prisoners.

The term, escape, as used in this chapter, means the departure without lawful authority or the failure to return to custody following an assignment or temporary leave granted for a specific purpose or limited period.

The term, nonsecure correctional facility, as used in this chapter, means a correctional facility or placement that, while it may be locked at night, is generally not locked and not secured by a fence, external wall, or security perimeter and used for the housing of persons who are authorized to have unescorted access to the community for a specific purpose or limited period.

The term, secure correctional facility, as used in this chapter, means a locked or secured correctional facility with a perimeter wall or fence and locked entrances and exits.

Source: SDC 1939, § 13.1225; SDCL § 23-25-1; SL 1978, ch 185, § 9; SDCL Supp, § 24-12-8 ; SL 2005, ch 120, § 317; SL 2009, ch 113, § 1.
S.D. Codified Laws § 22-7-10 — SD Code / Title 22 / Chapter 7 / Section 22-7-10
Duty of law enforcement personnel to report knowledge of prior convictions
Status: in_force

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

Source: SDC 1939, § 13.0611 (3); SDCL, § 22-7-2; SL 1976, ch 158, § 7-8 ; SL 2005, ch 120, § 387.
S.D. Codified Laws § 22-42A-2 — SD Code / Title 22 / Chapter 42A / Section 22-42A-2
Factors considered in determining whether an object is drug paraphernalia
Status: in_force

In determining whether an object is drug paraphernalia as defined in § 22-42A-1 , a court or other authority shall consider, in addition to all other logically relevant factors, the following:

(1) Statements by an owner or by anyone in control of the object concerning its use;

(2) The proximity of the object, in time and space, to a direct violation of this article;

(3) The proximity of the object to controlled substances or marijuana;

(4) The existence of any residue of controlled substances or marijuana on the object;

(5) Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to any person whom he knows, or should reasonably know, intends to use the object to facilitate a violation of this article;

(6) Instructions, oral or written, provided with the object concerning its use;

(7) Descriptive materials accompanying the object which explain or depict its use;

(8) National and local advertising concerning its use;

(9) The manner in which the object is displayed for sale;

(10) Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community;

(11) Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;

(12) The existence and scope of legitimate uses for the object in the community; and

(13) Expert testimony concerning its use.

Source: SL 1983, ch 180, § 2; SL 1984, ch 172, § 2.
S.D. Codified Laws § 22-19A-6 — SD Code / Title 22 / Chapter 19A / Section 22-19A-6
Credible threat defined
Status: in_force

For the purposes of this chapter, a credible threat means a threat made with the intent and the apparent ability to carry out the threat. A credible threat need not be expressed verbally.

Source: SL 1992, ch 162, § 6; SL 1993, ch 176, § 5.
S.D. Codified Laws § 22-14-5 — SD Code / Title 22 / Chapter 14 / Section 22-14-5
Possession of firearm with altered serial number--Felony--Exception
Status: in_force

Any person who possesses any firearm on which the manufacturer's serial number has been changed, altered, removed, or obliterated is guilty of a Class 6 felony.

The provisions of this section do not apply to persons who have applied for a new serial number pursuant to § 23-7-43 .

Source: SDC 1939, § 21.0114; SDCL, § 23-7-21 ; SL 1976, ch 158, § 14-4 ; SL 1985, ch 190, § 2; SL 2005, ch 120, § 243.
S.D. Codified Laws § 22-24-1.4 — SD Code / Title 22 / Chapter 24 / Section 22-24-1.4
Private indecent exposure--Misdemeanor
Status: in_force

A person commits the crime of private indecent exposure if:

(1) The person exposes the genitals of the person with the intent to arouse or gratify the sexual desire of the person or another person;

(2) The person is in a place where another person has a reasonable expectation of privacy;

(3) The person is in view of the other person;

(4) The exposure reasonably would be expected to annoy, offend, or alarm the other person; and

(5) The person knows that the other person did not consent to the exposure.

Private indecent exposure is a Class 1 misdemeanor.

This section does not apply to a person who commits the act described in this section if the person cohabits with or is involved in a sexually intimate relationship with the other person.

Source: SL 2009, ch 116, § 3.
S.D. Codified Laws § 22-24B-34 — SD Code / Title 22 / Chapter 24B / Section 22-24B-34
Eligibility of registrant who has committed out-of-state offense to establish in-state residence
Status: in_force

No sex offender registrant, who has committed a registerable offense in some other state is eligible to establish a residence or reside outside a community safety zone in South Dakota unless the sex offender registrant would also be eligible to establish a residence or reside in a substantially equivalent location in the state in which the offense occurred pursuant to the community safety zone statutes in the state in which the offense occurred.

Source: SL 2010, ch 121, § 2.
S.D. Codified Laws § 22-30A-10 — SD Code / Title 22 / Chapter 30A / Section 22-30A-10
Embezzlement of property received in trust
Status: in_force

Any person, who has been entrusted with the property of another and who, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of his or her trust, is guilty of theft. A distinct act of taking is not necessary to constitute theft pursuant to this section.

Source: SDC 1939, §§ 13.1236, 13.1305, 13.4001, 13.4003 to 13.4007; SDCL, §§ 3-16-4 , 3-16-5, 22-38-1 to 22-38-7; SL 1976, ch 158, § 30A-15; SL 1977, ch 189, § 61; SL 2005, ch 120, § 59.
S.D. Codified Laws § 22-14A-20 — SD Code / Title 22 / Chapter 14A / Section 22-14A-20
Placement of explosive or device as to endanger human life or safety--Felony
Status: in_force

Any person who takes into, upon, under, against, or near to any occupied or unoccupied structure, motor vehicle, street, highway, railway, bridge, dam, dike, or other structure, any explosive or destructive device, with intent to destroy or injure such structure, under circumstances that if such intent were accomplished, human life or safety would be endangered thereby, is guilty of a Class 4 felony. It is no defense to a prosecution under this section that no damage is done.

Source: SDC 1939, § 13.1603; SDCL, § 22-34-24; SL 1972, ch 140, § 17; SL 1976, ch 158, § 14A-12; SL 2005, ch 120, § 277.
S.D. Codified Laws § 22-24B-24 — SD Code / Title 22 / Chapter 24B / Section 22-24B-24
Loitering within community safety zone or public library prohibited--Exception--Violation as felony
Status: in_force

No person who is required to register as a sex offender as defined in this chapter may loiter within a community safety zone or a public library unless the person was under age eighteen at the time of the offense and the offender was not tried and convicted of the offense as an adult or the circuit court has entered an order pursuant to § 22-24B-28 exempting the offender from the provisions of §§ 22-24B-22 to 22-24B-28 , inclusive.

A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony.

Source: SL 2006, ch 125, § 3; SL 2014, ch 110, § 1.
S.D. Codified Laws § 22-2-6 — SD Code / Title 22 / Chapter 2 / Section 22-2-6
Acts declared criminal as also punishable by contempt
Status: in_force

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

Source: SDC 1939, § 13.0109; SL 2005, ch 120, § 369.
S.D. Codified Laws § 22-7-8.1 — SD Code / Title 22 / Chapter 7 / Section 22-7-8.1
Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole
Status: in_force

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

Source: SL 1984, ch 166, § 2; SL 2005, ch 120, § 385; SL 2006, ch 117, § 1.
S.D. Codified Laws § 22-11A-4 — SD Code / Title 22 / Chapter 11A / Section 22-11A-4
Pursuit of escaped prisoner--Breaking structure permitted
Status: in_force

If a prisoner escapes, the person from whose custody that prisoner escaped may immediately pursue and retake that prisoner at any time and in any place in the state. To retake a prisoner, the person pursuing may, after notice of intention and refusal of admittance, break open an outer or inner door or window of a dwelling house or other structure.

Source: SDC 1939 & Supp 1960, § 34.1612; SDCL, § 23-25-5; SL 1978, ch 185, § 12; SDCL Supp, § 24-12-11; SL 2005, ch 120, § 321.
S.D. Codified Laws § 22-24B-33 — SD Code / Title 22 / Chapter 24B / Section 22-24B-33
Eligibility for removal from registry of registrant who has committed out-of-state offense
Status: in_force

No sex offender registrant, who has committed a registerable offense in some other state is eligible to petition to request removal from the sex offender registry in South Dakota unless the sex offender registrant is also eligible to petition, under substantially equivalent provisions, to request removal from the sex offender registry in the state in which the registerable offense occurred.

Source: SL 2010, ch 121, § 1.
S.D. Codified Laws § 22-12A-8 — SD Code / Title 22 / Chapter 12A / Section 22-12A-8
Solicitation of unauthorized fee for doing official act--Misdemeanor
Status: in_force

Any public officer or employee who asks or receives any fee or consideration for any official service which has not been rendered, except charges for prospective costs or fees demandable in advance, if allowed by law, or who asks or receives any emolument, gratuity, reward, or other consideration excepting as authorized by law, for doing any official act, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1111; SDCL, § 3-15-9; SL 1976, ch 158, § 12A-8; SL 2005, ch 120, § 336.
S.D. Codified Laws § 22-48-2.1 — SD Code / Title 22 / Chapter 48 / Section 22-48-2.1
Claim of use of unreasonable force by victim--Hearing to determine reasonable basis for claim
Status: in_force

If the perpetrator claims that the victim used unreasonable force, before any discovery relating to the claim may be commenced and before the claim may be submitted to the trier of fact, the court, after hearing, must find, based on clear and convincing evidence, that there is a reasonable basis to believe that the victim used unreasonable force.

Source: SL 2003, ch 130, § 2.
S.D. Codified Laws § 22-18-4.3 — SD Code / Title 22 / Chapter 18 / Section 22-18-4.3
Imminent death--Great bodily injury--Reasonable fear
Status: in_force

For purposes of § 22-18-4.2 , a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm if:

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

(a) Was in the process of unlawfully entering a dwelling, residence, or occupied vehicle;

(b) Had unlawfully entered, a dwelling, residence, or occupied vehicle; or

(c) Had removed or was attempting to remove another against the other's will from a dwelling, residence, or occupied vehicle; and

(2) The person who uses or threatens to use defensive force knew or had reason to believe that an unlawful entry or an unlawful and forcible act was occurring or had occurred.

Source: SL 2021, ch 93, § 5.
S.D. Codified Laws § 22-24B-23 — SD Code / Title 22 / Chapter 24B / Section 22-24B-23
Restrictions on residence within community safety zone--Penalty
Status: in_force

No person who is required to register as a sex offender pursuant to this chapter may establish a residence or reside within a community safety zone unless:

(1) The person is incarcerated in a jail or prison or other correctional placement which is located within a community safety zone;

(2) The person is on parole or probation and has been assigned to a halfway house or supervised living center within a community safety zone;

(3) The person is homeless and has been admitted to a community homeless shelter within a community safety zone by an appropriate community official;

(4) The person is placed in a health care facility licensed pursuant to chapter 34-12 , or certified under Title XVIII or XIX of the Social Security Act as amended to December 31, 2001, or receiving services from a community service provider accredited or certified by the Department of Human Services or the Department of Social Services, which is located within a community safety zone;

(5) The person was under age eighteen at the time of the offense and the offender was not tried and convicted of the offense as an adult;

(6) The person established and inhabited the residence as of:

(a) July 1, 2006, if the community safety zone includes a school, public park, public playground, or public pool; or

(b) July 1, 2024, if the community safety zone includes a domestic abuse shelter or sexual assault shelter;

(7) The site listed in subdivision 22-24B-22 (1) was built or established subsequent to the person's establishing residence at the location; or

(8) The circuit court has entered an order pursuant to § 22-24B-28 exempting the offender from the provisions of §§ 22-24B-22 to 22-24B-28 , inclusive.

A violation of this section is a Class 6 felony. Any subsequent violation is a Class 5 felony.

Source: SL 2006, ch 125, § 2; SL 2010, ch 120, § 1; SL 2011, ch 1 (Ex. Ord. 11-1), § 134, eff. Apr. 12, 2011; SL 2012, ch 128, § 1; SL 2018, ch 134, § 2; SL 2024, ch 89, § 2; SL 2026, ch 108, § 1, eff. Feb. 17, 2026; SL 2026, ch 107, § 2.
S.D. Codified Laws § 22-30A-8 — SD Code / Title 22 / Chapter 30A / Section 22-30A-8
Obtaining property or services without paying
Status: in_force

Any person is guilty of theft if that person intentionally obtains property or service which that person knows is available only for compensation, by deception, threat, or other means to avoid payment for the service or property.

Source: SDC 1939, § 13.4206; SDCL, § 22-41-15 ; SL 1972, ch 143; SL 1976, ch 158, § 30A-13; SL 1977, ch 189, § 60; SL 2005, ch 120, § 56.
S.D. Codified Laws § 22-45-2 — SD Code / Title 22 / Chapter 45 / Section 22-45-2
Action by which claimant commits an offense--Violation a felony
Status: in_force

A person commits an offense if he:

(1) Makes or causes to be made a claim, knowing the claim to be false, in whole or in part, by commission or omission; or

(2) Makes or causes to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide a good or a service, knowing the statement or representation to be false, in whole or in part, by commission or omission; or

(3) Makes or causes to be made a statement or representation for use by another in obtaining a good or a service under the program, knowing the statement or representation to be false, in whole or in part, by commission or omission; or

(4) Makes or causes to be made a statement or representation for use in qualifying as a provider of a good or a service under the program, knowing the statement or representation to be false, in whole or in part, by commission or omission.

A violation of this section is a Class 5 felony.

Source: SL 1986, ch 187, § 2.
S.D. Codified Laws § 22-19B-4 — SD Code / Title 22 / Chapter 19B / Section 22-19B-4
Preventing practice of religion--Penalty
Status: in_force

Any person who, by threat or violence, intentionally prevents another person from performing any lawful act enjoined upon or recommended by the religion the other person professes, is guilty of a Class 6 felony.

Source: SDC 1939, § 13.1702; SL 1976, ch 158, § 27-1; SDCL, § 22-27-1; SL 2005, ch 120, §§ 286, 288; SL 2026, ch 103, § 1.
S.D. Codified Laws § 22-29-8 — SD Code / Title 22 / Chapter 29 / Section 22-29-8
Oath defined--Irregular oath
Status: in_force

The term, oath, as used in this chapter, includes any affirmation, and every other mode of attesting the truth of that which is stated, which is authorized by law. It is no defense that the oath was administered or taken in an irregular manner.

Source: SDC 1939, § 13.1239; SL 1976, ch 158, § 29-4 ; SL 2005, ch 120, § 37.
S.D. Codified Laws § 22-16-1.1 — SD Code / Title 22 / Chapter 16 / Section 22-16-1.1
Fetal homicide--Felony--Application
Status: in_force

Homicide is fetal homicide if the person knew, or reasonably should have known, that a woman bearing an unborn child was pregnant and caused the death of the unborn child without lawful justification and if the person:

(1) Intended to cause the death of or do serious bodily injury to the pregnant woman or the unborn child; or

(2) Knew that the acts taken would cause death or serious bodily injury to the pregnant woman or her unborn child; or

(3) If perpetrated without any design to effect death by a person engaged in the commission of any felony.

Fetal homicide is a Class B felony.

This section does not apply to acts which cause the death of an unborn child if those acts were committed during any abortion, lawful or unlawful, to which the pregnant woman consented.

Source: SL 1995, ch 122, § 3; SL 2005, ch 120, § 151.
S.D. Codified Laws § 22-25-39 — SD Code / Title 22 / Chapter 25 / Section 22-25-39
Sales to out-of-state customers
Status: in_force

Bingo or lottery equipment and supplies sold by distributors to out - of - state customers for use out of state shall either be shipped to the out - of - state site or the distributor shall verify that the purchaser is from out of state.

Source: SL 1988, ch 188, § 11.
S.D. Codified Laws § 22-11-39 — SD Code / Title 22 / Chapter 11 / Section 22-11-39
Disarming law enforcement officer--Felony
Status: in_force

Any person who, through use of force or threat of force, intentionally disarms or attempts to disarm a law enforcement officer, while the officer is engaged in the performance of the officer's duties, without the officer's consent, is guilty of a Class 4 felony.

For the purposes of this section, the term "weapon" means any firearm, stun gun, self-defense electronic control device, chemical irritant spray, or baton. The term "disarm" means to take or remove a weapon from the person of the officer or the officer's immediate presence through the physical act of grabbing, holding, seizing, pushing, lifting, picking up, or other similar action.

Source: SL 2024, ch 83, § 1.
S.D. Codified Laws § 22-48-5 — SD Code / Title 22 / Chapter 48 / Section 22-48-5
Motion for stay of proceedings
Status: in_force

Except to the extent needed to preserve evidence, any claim for relief in which the defense set forth in this section is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged crime.

Source: SL 1998, ch 124, § 5.
S.D. Codified Laws § 22-34-27 — SD Code / Title 22 / Chapter 34 / Section 22-34-27
Throwing substance upon public ways or at vehicles as misdemeanor
Status: in_force

Any person who, with intent to cause damage, deposits, throws, or propels any substance upon any highway, roadway, runway, or railroad tracks, or at any vehicle while such vehicle is either in motion or stationary, is guilty of a Class 1 misdemeanor.

Source: SL 1975, ch 168; SDCL Supp, § 22-18-25; SL 1976, ch 158, § 34-3 .
S.D. Codified Laws § 22-42-24 — SD Code / Title 22 / Chapter 42 / Section 22-42-24
Driver--Use of marijuana--Motor vehicle--Misdemeanor
Status: in_force

While a motor vehicle is located upon a public highway or the right-of-way of a public highway, it is a Class 2 misdemeanor if any person operating or in actual physical control of a motor vehicle smokes or consumes marijuana or marijuana concentrate while the vehicle is being operated. For purposes of this section and § 22-42-25, marijuana concentrate is the resin extracted from any part of a marijuana plant and every compound, manufacture, salt, derivative, mixture, or preparation from such resin.

Source: SL 2021, ch 100, § 1.
S.D. Codified Laws § 22-24B-30 — SD Code / Title 22 / Chapter 24B / Section 22-24B-30
Inmate and juvenile offender registration--Time limit--Submission to Division of Criminal Investigation--Notice of change of status
Status: in_force

Any person required to register pursuant to §§ 22-24B-1 to 22-24B-14 , inclusive, who is incarcerated or is a juvenile offender committed to the Department of Corrections, shall register within three business days of admission to the correctional facility or commitment to the Department of Corrections.

The Department of Corrections or administering authority of the county or city jail or juvenile detention center shall submit required sex offender registrations to the Division of Criminal Investigation.

The administering authority of the correctional facility shall notify the Division of Criminal Investigation if a person required to register changes status from an inmate to parolee or probationer or if an inmate is transferred to a different address, informing the division of the date of transfer and address of the new location.

Source: SL 2006, ch 121, § 10; SL 2010, ch 118, § 3.
S.D. Codified Laws § 22-24A-36 — SD Code / Title 22 / Chapter 24A / Section 22-24A-36
Distributing child pornography--Penalty
Status: in_force

A person is guilty of distributing child pornography if the person knowingly sells or distributes:

(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 3 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 five years. A conviction under this section for a second or subsequent offense must be punished by a mandatory sentence in a state correctional facility of at least ten years.

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

Source: SL 2024, ch 87, § 3.
S.D. Codified Laws § 22-40-22 — SD Code / Title 22 / Chapter 40 / Section 22-40-22
Types of notice of breach of system security
Status: in_force

A disclosure under § 22-40-20 may be provided by:

(1) Written notice;

(2) Electronic notice, if the electronic notice is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001 in effect as of January 1, 2018, or if the information holder's primary method of communication with the resident of this state has been by electronic means; or

(3) Substitute notice, if the information holder demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars, that the affected class of persons to be notified exceeds five hundred thousand persons, or that the information holder does not have sufficient contact information and the notice consists of each of the following:

(a) Email notice, if the information holder has an email address for the subject persons;

(b) Conspicuous posting of the notice on the information holder's website, if the information holder maintains a website page; and

(c) Notification to statewide media.

Source: SL 2018, ch 135, § 4.
S.D. Codified Laws § 22-24-65 — SD Code / Title 22 / Chapter 24 / Section 22-24-65
Persons from whom damages may be sought
Status: in_force

Any person entitled to bring an action under § 22-24-64 may seek damages from any person who knowingly participated in the sale or in the chain of distribution of any prepaid adult entertainment card or any prepaid adult entertainment telephone card proscribed by §§ 22-24-60 to 22-24-68 , inclusive.

Source: SL 2002, ch 112, § 6.
S.D. Codified Laws § 22-11-11 — SD Code / Title 22 / Chapter 11 / Section 22-11-11
Acceptance of restitution as defense
Status: in_force

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

Source: SL 1976, ch 158, § 11-5 ; SL 2005, ch 120, § 204.
S.D. Codified Laws § 22-30A-25 — SD Code / Title 22 / Chapter 30A / Section 22-30A-25
Theft by no account check--Degrees according to amount--Aggregation of checks
Status: in_force

Any person who, for himself or herself or as an agent or representative of another, for present consideration, with intent to defraud, passes a check drawn on a financial institution knowing at the time of such passing that neither the check passer or the check passer's principal has an account with such financial institution, is guilty of theft by no account check. Theft by no account check is punishable as theft pursuant to chapter 22-30A . In determining the degree of theft, the value of the property stolen or attempted to be stolen is the same as the face amount of the no account check. Any series of no account checks within any thirty-day period may be aggregated in amount to determine the degree of theft of such course of conduct.

It is a defense to prosecution pursuant to this section that the check passer's or the check passer's principal's account was closed without the check passer's knowledge. Evidence that the financial institution mailed a notice by certified or registered mail to the person in whose name the account was listed at the last address contained in the financial institution's records is prima facie proof that the check passer had knowledge that such account was closed.

Source: SL 1973, ch 153, § 4; SL 1976, ch 158, § 41-2 ; SL 1977, ch 189, § 75; SDCL, § 22-41-1.2 ; SL 2005, ch 120, §§ 133, 139.
S.D. Codified Laws § 22-22A-2 — SD Code / Title 22 / Chapter 22A / Section 22-22A-2
Incest--Prohibited sexual contact--Felony
Status: in_force

Any persons, eighteen years of age or older, who knowingly engage in a mutually consensual act of sexual penetration with each other:

(1) Who are not legally married; and

(2) Who are within degrees of consanguinity within which marriages are, by the laws of this state, declared void pursuant to § 25-1-6 ;

Source: SL 2005, ch 120, § 20.
S.D. Codified Laws § 22-11-7 — SD Code / Title 22 / Chapter 11 / Section 22-11-7
Illegality of officer, firefighter, or emergency medical technician acts no defense if under color of authority
Status: in_force

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

Source: SL 1976, ch 158, § 11-3 ; SL 2005, ch 120, § 198.
S.D. Codified Laws § 22-42-12 — SD Code / Title 22 / Chapter 42 / Section 22-42-12
Civil fine for violation of regulatory provisions--Additional fine remitted to drug abuse or rehabilitation program
Status: in_force

Any person who violates any provision of §§ 22-42-2.1 , 22-42-4.1 , 22-42-4.2 , and 22-42-10 , is punishable by a civil fine of not more than ten thousand dollars. The court may, however, impose an additional fine of not more than ten thousand dollars, which shall be remitted to a drug abuse prevention and rehabilitation program authorized under § 34-3B-1 .

Source: SL 1970, ch 229, § 10 (d) (7); SDCL Supp, § 39-17-103; SL 1977, ch 189, § 119; SL 1978, ch 158, § 17; SL 1995, ch 125.
S.D. Codified Laws § 22-30A-42 — SD Code / Title 22 / Chapter 30A / Section 22-30A-42
Demand for payment from motor vehicle owner for motor fuel received--Content of notice
Status: in_force

A motor fuel retailer may, within thirty days of the occurrence, demand payment from the motor vehicle owner for the motor fuel received by sending a notice by certified mail, return receipt requested. The notice shall be prescribed by the Department of Public Safety and include the following information:

(1) The name, address, and license plate number of the motor vehicle owner;

(2) Date the act occurred;

(3) Type of motor fuel;

(4) The unpaid dollar amount;

(5) The service charge;

(6) A citation of §§ 22-30A-40 and 22-30A-43 ; and

(7) The employee's and employer's signature.

Source: SL 2005, ch 121, § 3.
S.D. Codified Laws § 22-19-7.1 — SD Code / Title 22 / Chapter 19 / Section 22-19-7.1
Enticing away a child--Misdemeanor--Subsequent violation felony
Status: in_force

No person may attempt, by any means, to take, allure, or entice away a child under the age of sixteen for any illegal purpose. A violation of this section is a Class 1 misdemeanor. Any subsequent violation is a Class 6 felony.

Source: SL 1997, ch 136, § 1; SL 2005, ch 120, § 117.
S.D. Codified Laws § 22-24A-42 — SD Code / Title 22 / Chapter 24A / Section 22-24A-42
Sentencing--Mitigating circumstances
Status: in_force

The sentencing court may impose a sentence other than that required by §§ 22-24A-35 to 22-24A-37 , inclusive, if the court finds that mitigating circumstances exist that require a departure from the mandatory sentence imposed by §§ 22-24A-35 to 22-24A-37 , inclusive. The court shall file, in writing, its finding of mitigating circumstances and the factual basis relied upon by the court.

Source: SL 2024, ch 87, § 9.
S.D. Codified Laws § 22-25-13 — SD Code / Title 22 / Chapter 25 / Section 22-25-13
Keeping slot machines--Free play machines excepted--Misdemeanor--Manufacture not prohibited
Status: in_force

No person may have in his possession, custody, or under his control or permit to be kept in any place under his possession or control, any slot machine or device. A slot machine or device is any machine upon the action of which anything of value is staked and which is operated by placing therein or thereon any coins, checks, slugs, balls, chips, tokens, or other articles, or in any other manner as a result of such operation anything of value is won or lost by the operation of such machine, when the result of such operation is dependent upon chance. This section does not extend to coin - operated nonpayout pin tables and arcade amusements, with free play features. A violation of this section is a Class 1 misdemeanor.

This section does not prohibit the manufacture, or any act appurtenant to the manufacture, of slot machines or devices in this state for distribution and sale.

Source: SDC 1939, §§ 24.0204, 24.9909; SL 1974, ch 166; SL 1976, ch 158, § 25-4 ; SL 1989, ch 197, § 1.
S.D. Codified Laws § 22-30A-35 — SD Code / Title 22 / Chapter 30A / Section 22-30A-35
Proof of notice not required--Payment of check, costs, and expenses bar to prosecution
Status: in_force

The service of a notice of dishonor in accordance with §§ 22-30A-32 and 22-30A-34 is not an element of the crime of theft by insufficient funds check or theft by no account check, nor is it an element of proof thereof or a defense to any prosecution therefor.

If the notice required by §§ 22-30A-32 and 22-30A-34 is returned undelivered, or if it appears to the state's attorney that there is reasonable cause to believe that the writer of the check intends to remove himself or herself from the jurisdiction of the court, the state's attorney may elect to prosecute without such notice. However, if the insufficient funds check or no account check is paid by the drawer to the holder, along with the costs and expenses provided for in § 57A-3-421 , within the thirty days after the notice is mailed or delivered to the drawer, the check may not be prosecuted.

Source: SL 1973, ch 153, § 8; SL 1975, ch 170; SL 1976, ch 158, § 41-5 ; SL 1977, ch 189, § 78; SDCL, § 22-41-3.3; SL 2005, ch 120, §§ 139, 141; SL 2006, ch 117, § 3.
S.D. Codified Laws § 22-21-3 — SD Code / Title 22 / Chapter 21 / Section 22-21-3
Window peeking on private property of another--Violation as misdemeanor
Status: in_force

No person may enter the private property of another and peek in the door or window of any inhabited building or structure located thereon, without having lawful purpose with the owner or occupant thereof. A violation of this section is a Class 1 misdemeanor.

Source: SL 1976, ch 158, § 21-2 ; SL 1977, ch 189, § 50; SL 1992, ch 163.
S.D. Codified Laws § 22-30A-36 — SD Code / Title 22 / Chapter 30A / Section 22-30A-36
Limitation of theft by insufficient funds check and theft by no account check prosecutions
Status: in_force

Any criminal prosecution under § 22-30A-24 or 22-30A-25 shall be commenced within six months after the holder of a check receives notice of its dishonor. Failure to prosecute a complaint within six months constitutes a bar to any criminal action under those sections.

Source: SL 1973, ch 153, § 5; SL 1976, ch 158, § 41-6 ; SL 1977, ch 189, § 79; SDCL, § 22-41-3.4; SL 2005, ch 120, §§ 139, 142.
S.D. Codified Laws § 22-19B-2 — SD Code / Title 22 / Chapter 19B / Section 22-19B-2
Deface defined
Status: in_force

For purposes of this chapter, the term, deface, includes cross-burnings or the placing of any word or symbol commonly associated with racial, religious, or ethnic terrorism on the property of another person without that person's permission.

Source: SL 1993, ch 177, § 2; SL 2005, ch 120, § 182.
S.D. Codified Laws § 22-24B-35 — SD Code / Title 22 / Chapter 24B / Section 22-24B-35
Registered sex offender not eligible to circulate certain nominating petitions
Status: in_force

No registered sex offender is eligible to circulate certain nominating petitions pursuant to §§ 12-1-32 to 12-1-34 , inclusive.

Source: SL 2012, ch 80, § 4.
S.D. Codified Laws § 22-42-7 — SD Code / Title 22 / Chapter 42 / Section 22-42-7
Distribution or possession with intent to distribute specified amounts of marijuana
Status: in_force

The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana without consideration is a Class 1 misdemeanor; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana is a Class 6 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana is a Class 5 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana is a Class 4 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana is a Class 3 felony. The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana to a minor without consideration is a Class 6 felony; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana to a minor is a Class 5 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana to a minor is a Class 3 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. A first conviction of a felony under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction of a felony under this section shall be punished by a mandatory sentence of at least one year. Conviction of a Class 1 misdemeanor under this section shall be punished by a mandatory sentence in county jail of not less than fifteen days, which sentence may not be suspended. A civil penalty, not to exceed ten thousand dollars, may be imposed, in addition to any criminal penalty, upon a conviction of a felony violation of this section.

Source: SL 1970, ch 229, § 10 (a) (1), (2), (b) (1); SL 1971, ch 225, § 1; SDCL Supp, §§ 39-17-88 to 39-17-90; SL 1976, ch 158, § 42-7; SL 1977, ch 189, § 93; SL 1982, ch 179, § 4; SL 1984, ch 171; SL 1986, ch 185, § 5; SL 1998, ch 139, § 3; SL 2003, ch 129, § 1; SL 2008, ch 112, § 1; SL 2023, ch 82, § 18.
S.D. Codified Laws § 22-5-7 — SD Code / Title 22 / Chapter 5 / Section 22-5-7
Morbid propensity to commit crime
Status: in_force

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

Source: SDC 1939, § 13.0505; repealed SL 1976, ch 158, § 5-2 ; re - enacted SL 1977, ch 189, § 15.
S.D. Codified Laws § 22-30A-11 — SD Code / Title 22 / Chapter 30A / Section 22-30A-11
Disqualification from public office
Status: in_force

Any person convicted of theft under § 22-30A-10 for unlawfully obtaining property of this state, of any of its political subdivisions, or of any agency or fund in which the state or its people are interested shall, in addition to the punishment prescribed by § 22-30A-17 and chapter 22-6 and that may also be prescribed under § 3-23-5 or 3-23-9 , be disqualified from holding any public office, elective or appointive, under the laws of this state.

Source: SDC 1939, § 48.0207; SDCL § 3-16-6 ; SL 1976, ch 158, § 30A-15; SL 2005, ch 120, § 61; SL 2017, ch 31, § 17.
S.D. Codified Laws § 22-24B-23.1 — SD Code / Title 22 / Chapter 24B / Section 22-24B-23.1
Secondary registered location or address--Notification of law enforcement--Violation as misdemeanor
Status: in_force

Any person who travels to a secondary registered location or address that is located in the community safety zone, and inhabits the location for more than twenty-four hours shall verbally notify the law enforcement of jurisdiction prior to arriving at the location or residence. A violation of this section is a Class 1 misdemeanor.

Source: SL 2018, ch 134, § 1.
S.D. Codified Laws § 22-7-11 — SD Code / Title 22 / Chapter 7 / Section 22-7-11
Habitual criminal information--Filing--Contents--Proof
Status: in_force

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

Source: SL 1959, ch 234; SDC Supp 1960, § 343009-1; SL 1961, ch 183; SDCL, § 23-32-9; SL 1976, ch 158, § 7-5 ; SL 2004, ch 147, § 1; SL 2005, ch 120, § 388.
S.D. Codified Laws § 22-24A-11 — SD Code / Title 22 / Chapter 24A / Section 22-24A-11
Joinder of plaintiffs--Joinder of defendants
Status: in_force

Two or more persons may join in one action 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, as plaintiffs if their respective actions have at least one common occurrence of proscribed conduct under §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive, and if any portion of the period of such conduct overlaps with the period for every other plaintiff. Two or more persons may be joined in one action under §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive, as defendants if those persons are liable to at least one plaintiff.

Source: SL 2002, ch 109, § 18; SDCL § 22-22-24.11; SL 2005, ch 120, § 407; SL 2014, ch 109, § 23.
S.D. Codified Laws § 22-30A-7 — SD Code / Title 22 / Chapter 30A / Section 22-30A-7
Receiving stolen property
Status: in_force

Any person who receives, retains, or disposes of property of another knowing that the property has been stolen, or believing that the property has probably been stolen, unless the property is received, retained, or disposed of with the intent to restore the property to the owner, is guilty of theft.

Source: SDC 1939, § 13.3813; SL 1961, ch 41; SL 1965, ch 33; SL 1966, ch 34; SDCL, § 22-37-18; SL 1976, ch 158, § 30A-12; SL 2005, ch 120, § 55.
S.D. Codified Laws § 22-30A-2 — SD Code / Title 22 / Chapter 30A / Section 22-30A-2
Transfer of another's property as theft
Status: in_force

Any person who transfers property of another, or any interest in the property of another, with intent to benefit the transferor or another who is not entitled thereto, is guilty of theft.

Source: SL 1976, ch 158, § 30A-8; SL 2005, ch 120, § 50.
S.D. Codified Laws § 22-30A-16 — SD Code / Title 22 / Chapter 30A / Section 22-30A-16
Ignorance and honest claim of right as affirmative defenses to theft
Status: in_force

It is an affirmative defense to a prosecution for theft that the defendant:

(1) Was unaware that the property taken was that of another; or

(2) Acted under an honest and reasonable claim of right to the property involved or that the defendant had a right to acquire or dispose of the property as he or she did.

Source: SDC 1939, § 13.4009; SDCL, § 22-38-10; SL 1976, ch 158, § 30A-5; SL 1977, ch 189, § 62; SL 2005, ch 120, § 66.
S.D. Codified Laws § 22-42-2.3 — SD Code / Title 22 / Chapter 42 / Section 22-42-2.3
Mitigating circumstances--Departure from mandatory sentence
Status: in_force

The sentencing court may impose a sentence other than that which is required by § 22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by § 22-42-2 . The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing.

Source: SL 1989, ch 201, § 2.
S.D. Codified Laws § 22-24B-19.1 — SD Code / Title 22 / Chapter 24B / Section 22-24B-19.1
Criteria for removal from registry as Tier II offender
Status: in_force

To be eligible for removal from the registry as a Tier II offender, the petitioner shall show, by clear and convincing evidence, that all of the following criteria have been met:

(1) At least twenty-five years have elapsed since the date the petitioner first registered pursuant to this chapter;

(2) The crime requiring registration was for:

(a) Incest as defined in § 22-22A-2 ; or

(b) An out-of-state, federal or court martial offense that is comparable to the elements of incest as defined in § 22-22A-2 ; or

(c) Bestiality as set forth in § 22-22-42 ;

(3) The circumstances surrounding the crime requiring registration did not involve a child under the age of thirteen;

(4) The petitioner is not a recidivist sex offender;

(5) The petitioner has substantially complied in good faith with the registration and re-registration requirements imposed under chapter 22-24B ; and

(6) Petitioner demonstrates to the satisfaction of the court that he or she does not pose a risk or danger to the community.

For purposes of this section, any period of time during which the petitioner was incarcerated or during which the petitioner was confined in a mental health facility does not count toward the twenty-five year calculation, regardless of whether such incarceration or confinement was for the sex offense requiring registration or for some other offense.

Source: SL 2010, ch 119, § 2.
S.D. Codified Laws § 22-16-20 — SD Code / Title 22 / Chapter 16 / Section 22-16-20
Manslaughter in the second degree
Status: in_force

Any reckless killing of one human being, including an unborn child, by the act or procurement of another which, under the provisions of this chapter, is neither murder nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree. Manslaughter in the second degree is a Class 4 felony.

Source: SDC 1939, §§ 13.2016, 13.2023; SDCL, § 22-16-29; SL 1968, ch 32; SL 1976, ch 158, § 16-4 ; SL 1977, ch 189, § 42; SL 1995, ch 122, § 12.
S.D. Codified Laws § 22-17-5.1 — SD Code / Title 22 / Chapter 17 / Section 22-17-5.1
Procurement of abortion prohibited--Exception--Penalty
Status: in_force

Any person who administers to any person or who prescribes or procures for any person any medicine, drug, or substance or uses or employs any instrument or other means with intent thereby to procure an abortion, as defined in § 34-23A-1 , unless there is appropriate and reasonable medical judgment that performance of an abortion is necessary to preserve the life of the pregnant female, is guilty of a Class 6 felony.

Source: SL 2005, ch 187, § 6; SL 2026, ch 99, § 1; SL 2026, ch 100, § 1.
S.D. Codified Laws § 22-16-30 — SD Code / Title 22 / Chapter 16 / Section 22-16-30
Excusable homicide--Lawful acts
Status: in_force

Homicide is excusable if committed by accident and misfortune in doing any lawful act, with usual and ordinary caution.

Source: SDC 1939, § 13.2002 (1); SL 1976, ch 158, § 16-5 ; SL 2005, ch 120, § 161.
S.D. Codified Laws § 22-24-61 — SD Code / Title 22 / Chapter 24 / Section 22-24-61
Sale or distribution of prepaid adult entertainment card to minors as misdemeanor
Status: in_force

It is a Class 1 misdemeanor to sell, give, or distribute any prepaid adult entertainment card or any prepaid adult entertainment telephone card to any person under eighteen years of age.

Source: SL 2002, ch 112, § 2.
S.D. Codified Laws § 22-40-25 — SD Code / Title 22 / Chapter 40 / Section 22-40-25
Prosecution for violations
Status: in_force

The attorney general may prosecute each failure to disclose under the provisions of §§ 22-40-19 to 22-40-26 , inclusive, as a deceptive act or practice under § 37-24-6 . In addition to any remedy provided under chapter 37-24 , the attorney general may bring an action to recover on behalf of the state a civil penalty of not more than ten thousand dollars per day per violation. The attorney general may recover attorney's fees and any costs associated with any action brought under this section.

Source: SL 2018, ch 135, § 7.
S.D. Codified Laws § 22-42-9 — SD Code / Title 22 / Chapter 42 / Section 22-42-9
Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony
Status: in_force

Any person who knowingly makes, distributes, or possesses any punch, die, plate, or other thing designed to print or reproduce the trademark, trade name, or other identifying mark of another on any drug, or container or label thereof so as to make such drug a counterfeit controlled drug or substance is guilty of a Class 5 felony.

Source: SL 1970, ch 229, § 10 (e) (5); SDCL Supp, § 39-17-108; SL 1977, ch 189, § 86.
S.D. Codified Laws § 22-11-3 — SD Code / Title 22 / Chapter 11 / Section 22-11-3
Obstructing certain public officers or employees--Misdemeanor
Status: in_force

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

Source: SDC 1939, §§ 13.1106, 13.1302; SDCL, §§ 3-15-2, 3-15-3; SL 1976, ch 158, § 11-22; SL 2005, ch 120, § 192.
S.D. Codified Laws § 22-17-13 — SD Code / Title 22 / Chapter 17 / Section 22-17-13
Unwanted abortion--Threat--Penalty
Status: in_force

A person is guilty of a Class B felony if, with the intent to cause a pregnant mother to undergo an abortion against her will, the person:

(1) Threatens to commit, against the pregnant mother or any other person within the pregnant mother's presence:

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

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

(c) Kidnapping, under chapter 22-19 ; and

(2) The threat results in the death of the unborn human being, as defined under § 34-23A-1 .

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 2019, ch 107, § 1; SL 2022, ch 61, § 1.
S.D. Codified Laws § 22-24-1.2 — SD Code / Title 22 / Chapter 24 / Section 22-24-1.2
Indecent exposure--Misdemeanor or felony
Status: in_force

A person commits the crime of indecent exposure if, with the intent to arouse or gratify the sexual desire of any person, the person exposes his or her genitals in a public place, or in the view of a public place, under circumstances in which that person knows that person's conduct is likely to annoy, offend, or alarm another person. A violation of this section is a Class 1 misdemeanor. However, if the person has been previously convicted of a felony violation of § 22-22-1 , 22-22-7 , or §§ 22-24A-35 to 22-24A-37 , inclusive, that person is guilty of a Class 6 felony. Any person convicted of a third or subsequent violation of this section is guilty of a Class 6 felony.

Source: SL 1998, ch 136, § 3; SL 2005, ch 120, § 299; SL 2009, ch 116, § 2; SL 2024, ch 87, § 11.
S.D. Codified Laws § 22-16-4 — SD Code / Title 22 / Chapter 16 / Section 22-16-4
Homicide as murder in the first degree
Status: in_force

Homicide is murder in the first degree :

(1) If perpetrated without authority of law and with a premeditated design to effect the death of the person killed or of any other human being, including an unborn child; or

(2) If committed by a person engaged in the perpetration of, or attempt to perpetrate, any arson, rape, robbery, burglary, kidnapping, or unlawful throwing, placing, or discharging of a destructive device or explosive.

Homicide is also murder in the first degree if committed by a person who perpetrated, or who attempted to perpetrate, any arson, rape, robbery, burglary, kidnapping or unlawful throwing, placing or discharging of a destructive device or explosive and who subsequently effects the death of any victim of such crime to prevent detection or prosecution of the crime.

Source: SDC 1939, § 13.2007 (1); SL 1979, ch 160, § 2; SL 1980, ch 173, § 9; SL 1992, ch 161; SL 2005, ch 120, § 154.
S.D. Codified Laws § 22-24-31 — SD Code / Title 22 / Chapter 24 / Section 22-24-31
Defenses for disseminating materials harmful to minors
Status: in_force

In any prosecution for disseminating material harmful to minors, it is an affirmative defense that:

(1) The defendant had reasonable cause to believe that the minor involved was eighteen years old or more. A draft card, driver's license, birth certificate, or other official or apparently official document is evidence establishing that the minor was eighteen years of age or older;

(2) The minor involved was accompanied by a parent or guardian, or by an adult and the adult represented that he or she was the minor's parent or guardian or an adult and the adult signed a written statement to that effect;

(3) The defendant was the parent or guardian of the minor involved; or

(4) The defendant was a bona fide school, college, university, museum, or public library, or was acting in the capacity of an employee of such an organization or a retail outlet affiliated with and serving the educational purposes of such an organization.

Source: SL 1974, ch 165, § 20; SL 1993, ch 213, § 107; SL 2005, ch 120, § 307.
S.D. Codified Laws § 22-14-15.3 — SD Code / Title 22 / Chapter 14 / Section 22-14-15.3
Firearm defined for §§22-14-15and22-14-15.1
Status: in_force

For purposes of §§ 22-14-15 and 22-14-15.1 , the term, firearm, includes any antique firearm as defined in subdivision 22-1-2(4) and any muzzle loading rifle, muzzle loading shotgun, or muzzle loading pistol, including muzzle loading weapons that are designed to use black powder or a black powder substitute and cannot use fixed ammunition.

Source: SL 2012, ch 121, § 1.
S.D. Codified Laws § 22-12-6 — SD Code / Title 22 / Chapter 12 / Section 22-12-6
Validity of obligation no defense to simulated process charge
Status: in_force

It is no defense to a charge of uttering simulated process, that the document bears any statement that the thing of value sought to be obtained was to apply as payment on a valid obligation.

Source: SL 1964, ch 34, § 2; SL 1976, ch 158, § 12-3 ; SL 2005, ch 120, § 235.
S.D. Codified Laws § 22-24B-37 — SD Code / Title 22 / Chapter 24B / Section 22-24B-37
Report of intention to travel outside United States--Violation as misdemeanor
Status: in_force

Any person who is required to register as a sex offender pursuant to the provisions of this chapter shall report that person's intention to travel outside of the United States at least twenty-one days in advance of the travel to the chief of police or county sheriff. The law enforcement officer shall complete a notification of international travel of sex offender form and forward the form to the United States Marshals Service National Sex Offender Targeting Center and to the Division of Criminal Investigation. A violation of the provisions of this section is a Class 1 misdemeanor.

Source: SL 2016, ch 126, § 4; SL 2018, ch 133, § 4.
S.D. Codified Laws § 22-25-44 — SD Code / Title 22 / Chapter 25 / Section 22-25-44
Use of deal of pull-tabs as sales promotion
Status: in_force

No distributor or manufacturer may use as a sales promotion any statement, demonstration, or implication that any certain portion of a deal of pull - tabs contains more winners than other portions of the deal or that any deal of pull - tabs may be sold by the organization in a particular manner that would give the organization any advantage in selling more of the pull - tabs before having to pay out winners.

Source: SL 1988, ch 188, § 16.
S.D. Codified Laws § 22-14A-27 — SD Code / Title 22 / Chapter 14A / Section 22-14A-27
No cause of action against good faith response to felonious threat
Status: in_force

The provisions of § 22-11-9.2 , 22-14A-24 , or 22-14A-25 may not be construed to create any cause of action against any person based upon or arising out of any act or omission relating to any good faith response to a felonious threat or an attempted felonious threat.

Source: SL 2002, ch 105, § 5; SL 2005, ch 120, § 284.
S.D. Codified Laws § 22-12-14 — SD Code / Title 22 / Chapter 12 / Section 22-12-14
Excessive or malicious exercise of authority in executing search warrant--Misdemeanor
Status: in_force

Any law enforcement officer who, in executing a search warrant, intentionally exceeds his or her authority, or exercises such authority maliciously, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1234; SDC 1939 & Supp 1960, § 34.9905; SDCL, § 23-15-17; SL 1978, ch 185, § 6; SL 2005, ch 120, § 241.
S.D. Codified Laws § 22-42-19 — SD Code / Title 22 / Chapter 42 / Section 22-42-19
Drug free zones created--Violation as felony--Sentence--Defense
Status: in_force

Any person who commits a violation of § 22-42-2 , 22-42-3 , or 22-42-4 , or a felony violation of § 22-42-7 , if such activity has taken place:

(1) In, on, or within one thousand feet of real property comprising a public or private elementary or secondary school or a playground; or

(2) In, on, or within five hundred feet of real property comprising a public or private youth center, public swimming pool, or video arcade facility; is guilty of a Class 4 felony. The sentence imposed for a conviction under this section carries a minimum sentence of imprisonment in a state correctional facility of five years. Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section. However, the sentencing court may impose a sentence other than that specified in this section if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence provided for in this section. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing.

It is not a defense to the provisions of this section that the defendant did not know the distance involved. It is not a defense to the provisions of this section that school was not in session.

Source: SL 1992, ch 168, § 2; SL 1998, ch 140, § 1; SL 2023, ch 82, § 19.
S.D. Codified Laws § 22-46-3 — SD Code / Title 22 / Chapter 46 / Section 22-46-3
Theft by exploitation--Penalty
Status: in_force

Any person who, having assumed the duty voluntarily, by written contract, by receipt of payment for care, or by order of a court to provide for the support of an elder or an adult with a disability, and having been entrusted with the property of that elder or adult with a disability, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of that person's trust, is guilty of theft by exploitation. Theft by exploitation is punishable as theft pursuant to chapter 22-30A .

Source: SL 1986, ch 186, § 3; SL 1989, ch 30, § 53; SL 2005, ch 120, § 342; SL 2007, ch 147, § 4; SL 2016, ch 120, § 21.
S.D. Codified Laws § 22-6-5.2 — SD Code / Title 22 / Chapter 6 / Section 22-6-5.2
Enhanced penalty for second, third, or subsequent violations--Limitation
Status: in_force

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

Source: SL 2005, ch 120, § 430; SL 2012, ch 119, § 1.
S.D. Codified Laws § 22-16-2 — SD Code / Title 22 / Chapter 16 / Section 22-16-2
Corpus delicti--Proof beyond reasonable doubt
Status: in_force

No person may be convicted of murder or manslaughter, or of aiding suicide, unless the death of the person alleged to have been killed, and the fact of the killing by the accused are each established as independent facts beyond a reasonable doubt.

Source: SDC 1939, § 13.2006; SL 2005, ch 120, § 152.
S.D. Codified Laws § 22-14-28 — SD Code / Title 22 / Chapter 14 / Section 22-14-28
Waiver of provisions
Status: in_force

By a majority of the members-elect, the county commission in any county may elect to waive the provisions of § 22-14-23 that apply to a county courthouse. A waiver by the county commission in accordance with this section supersedes subdivision 22-14-24 (6) governing county employees.

Source: SL 1993, ch 173, § 7; SL 2005, ch 120, § 265; SL 2019, ch 106, § 6; SL 2020, ch 81, § 2.
S.D. Codified Laws § 22-11-40 — SD Code / Title 22 / Chapter 11 / Section 22-11-40
Publication of personal information--Judicial officer, law enforcement officer--Penalty
Status: in_force

No person may publish, by electronic means, the home address, date of birth, or social security number of a judicial officer or law enforcement officer:

(1) Without the officer's consent; and

(2) With the intent to place the officer or the officer's immediate family in reasonable fear of death or great bodily injury.

A violation of this section is a Class 6 felony.

Source: SL 2026, ch 98, § 1.
S.D. Codified Laws § 22-16-41 — SD Code / Title 22 / Chapter 16 / Section 22-16-41
Vehicular homicide
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 death, operates or drives a vehicle of any kind in a negligent manner and thereby causes the death of another person, including an unborn child, is guilty of vehicular homicide. Vehicular homicide is a Class 3 felony. In addition to any other penalty prescribed by law, the court shall order that the driver's license of any person convicted of vehicular homicide be revoked for a period of not less than ten years from the date sentence is imposed or ten years from the date of initial release from imprisonment, whichever is later. In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation.

Source: SL 1983, ch 176, § 1; SL 1988, ch 186; SL 1993, ch 174, § 1; SL 1995, ch 122, § 8; SL 2000, ch 97, § 1; SL 2000, ch 98, § 1; SL 2006, ch 165, § 5; SL 2006, ch 168, § 16; SL 2009, ch 115, § 1.
S.D. Codified Laws § 22-29-13 — SD Code / Title 22 / Chapter 29 / Section 22-29-13
Receipt of assistance on behalf of another as personal receipt
Status: in_force

For the purposes of §§ 22-29-11 to 22-29-17 , inclusive, any person who receives money, property, or services, on behalf of any other person, from any program covered by such sections, shall be considered to have received such money for himself or herself.

Source: SL 1977, ch 225, § 6; SL 2005, ch 120, § 43.
S.D. Codified Laws § 22-24A-13 — SD Code / Title 22 / Chapter 24A / Section 22-24A-13
Statute of limitations
Status: in_force

Any action for damages 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, shall be commenced within six years of the time the plaintiff knew, or had reason to know, of any injury caused by violations of §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive. The knowledge of a parent, guardian, or custodian may not be imputed to the minor.

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

Source: SL 2002, ch 109, § 20; SDCL § 22-22-24.13; SL 2005, ch 120, § 407; SL 2014, ch 109, § 25.
S.D. Codified Laws § 22-23-1.2 — SD Code / Title 22 / Chapter 23 / Section 22-23-1.2
Affirmative defense of compulsion
Status: in_force

It is an affirmative defense to a charge of prostitution under § 22-23-1 if the defendant proves by a preponderance of the evidence that the defendant is a victim of human trafficking under chapter 22-49 or that the defendant committed the act only under compulsion by another person who, by implicit or explicit threat, created a reasonable apprehension in the mind of the defendant that if the defendant did not commit the act, the person would inflict bodily harm upon the defendant.

Source: SL 2012, ch 127, § 1.
S.D. Codified Laws § 22-16-7 — SD Code / Title 22 / Chapter 16 / Section 22-16-7
Homicide as murder in the second degree
Status: in_force

Homicide is murder in the second degree if perpetrated by any act imminently dangerous to others and evincing a depraved mind, without regard for human life, although without any premeditated design to effect the death of any particular person, including an unborn child.

Source: SDC 1939, § 13.2007 (2); SL 1980, ch 173, § 10; SL 2005, ch 120, § 156.
S.D. Codified Laws § 22-14A-26 — SD Code / Title 22 / Chapter 14A / Section 22-14A-26
Persons convicted of certain crimes may be ordered to make restitution
Status: in_force

The court may, after conviction or adjudication of any violation of § 22-11-9.2 , 22-14A-24 , or 22-14A-25 , conduct a hearing to ascertain the extent of costs incurred, damages, and financial loss suffered by local, county, or state public safety agencies, and the amount of property damage caused as a result of the crime. A person found guilty of violating § 22-11-9.2 , 22-14A-24 , or 22-14A-25 , may upon conviction, be ordered to make restitution to the local, county, or state public service agency for any cost incurred, damages, and financial loss or property damage sustained as a result of the commission of the crime.

Source: SL 2002, ch 105, § 3; SL 2005, ch 120, § 283.
S.D. Codified Laws § 22-11-15.6 — SD Code / Title 22 / Chapter 11 / Section 22-11-15.6
Threatening law enforcement officer or family--Violation as misdemeanor--Provisions superseded
Status: reserved

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

Source: SL 2004, ch 149, § 2; SDCL, § 22-11-15.4 ; SL 2005, ch 120, §§ 208, 210.
S.D. Codified Laws § 22-30A-33 — SD Code / Title 22 / Chapter 30A / Section 22-30A-33
Additional civil penalty for failure to pay amount of check and fees and costs--Prosecution
Status: in_force

If the drawer of a check does not pay the fees and costs provided for in § 57A-3-421 and the amount of the check to the holder of the check within thirty days of the mailing of the notice of dishonor, the drawer shall owe to the holder of the check an additional civil penalty equal to twice the amount of the check. The state's attorney may then prosecute the dishonor. No state's attorney may collect a civil penalty for prosecuting the dishonor. No state's attorney may assign a check for civil collection for violation of § 22-30A-24 or 22-30A-25 .

Source: SL 2005, ch 120, § 442; SL 2006, ch 128, § 1.
S.D. Codified Laws § 22-14A-4 — SD Code / Title 22 / Chapter 14A / Section 22-14A-4
Sale, transportation, or possession of destructive device--Felony
Status: in_force

Any person who knowingly sells, offers for sale, transports, or possesses any destructive device is guilty of a Class 4 felony. If such person has been previously convicted of a crime of violence in this state or elsewhere, the offense is a Class 3 felony.

Source: SL 1972, ch 140, § 2; SL 1976, ch 158, § 14A-1; SL 1977, ch 189, § 37; SL 2005, ch 120, § 270.
S.D. Codified Laws § 22-11-24 — SD Code / Title 22 / Chapter 11 / Section 22-11-24
Destruction or impairment of public record--Felony
Status: in_force

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

Source: SDC 1939, § 13.1306; SDCL § 4-3-19 (4); SL 1976, ch 158, § 11-19; SL 2005, ch 120, § 220.
S.D. Codified Laws § 22-33-9.4 — SD Code / Title 22 / Chapter 33 / Section 22-33-9.4
Failure to control or report dangerous fire--Misdemeanor
Status: in_force

Any person who knows that a fire is endangering life or a substantial amount of property of another and fails to take reasonable measures to put out or control the fire, if such person can do so without substantial risk to himself or herself, or to give a prompt fire alarm, if:

(1) Such person knows that he or she is under an official, contractual, or other legal duty to prevent or combat the fire; or

(2) The fire was started, albeit lawfully, by or with the assent of himself or herself, or on property in his or her custody or control;

Source: SL 2005, ch 120, § 89.
S.D. Codified Laws § 22-24-62 — SD Code / Title 22 / Chapter 24 / Section 22-24-62
Prepaid adult entertainment telephone card defined
Status: in_force

A prepaid adult entertainment telephone card is a product, either sold at wholesale, retail, or distributed gratis as a promotion, which permits the cardholder to access one or more adult entertainment telephone services for a predetermined number of minutes by means of a telephone number and an access code or password unique to each card.

Source: SL 2002, ch 112, § 3.
S.D. Codified Laws § 22-11-9 — SD Code / Title 22 / Chapter 11 / Section 22-11-9
False reporting to authorities--Misdemeanor
Status: in_force

Any person who:

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

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

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

Source: SL 1975, ch 171, §§ 1, 2; SDCL Supp, § 22-13-16 ; SL 1976, ch 158, § 11-23; SL 2005, ch 120, § 201.
S.D. Codified Laws § 22-29-4 — SD Code / Title 22 / Chapter 29 / Section 22-29-4
Lack of knowledge of materiality of statement no defense
Status: in_force

It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement, or that the false statement did not in fact affect the proceeding in or for which the false statement was made. It is sufficient that the false statement was material and might have been used to affect such proceeding.

Source: SDC 1939, § 13.1242; SL 2005, ch 120, § 33.
S.D. Codified Laws § 22-30A-29 — SD Code / Title 22 / Chapter 30A / Section 22-30A-29
Postdated check not in violation
Status: in_force

The making of a postdated or hold check, knowingly received as such, or a check issued under an agreement with the payee that the check would not be presented for payment for a specified time, does not constitute a violation of § 22-30A-24 .

Source: SL 1973, ch 153, § 7; SL 1987, ch 169; SDCL, § 22-41-2.2; SL 2005, ch 120, §§ 137, 139.
S.D. Codified Laws § 22-46-18 — SD Code / Title 22 / Chapter 46 / Section 22-46-18
Remedies cumulative with other legal and administrative remedies
Status: in_force

The remedies provided in §§ 22-46-13 to 22-46-17 , inclusive, are in addition to and cumulative with other legal and administrative remedies available to an elder or adult with a disability.

Source: SL 2016, ch 120, § 33.
S.D. Codified Laws § 22-16-1 — SD Code / Title 22 / Chapter 16 / Section 22-16-1
Homicide defined
Status: in_force

Homicide is the killing of one human being, including an unborn child, by another. Homicide is either:

(1) Murder;

(2) Manslaughter;

(3) Excusable homicide;

(4) Justifiable homicide; or

(5) Vehicular homicide.

Source: SDC 1939, § 13.2001; SL 1985, ch 176; SL 1995, ch 122, § 10; SL 2005, ch 120, § 150.
S.D. Codified Laws § 22-24A-9 — SD Code / Title 22 / Chapter 24A / Section 22-24A-9
Persons from whom damages may be sought
Status: in_force

Any person entitled to bring an action under § 22-24A-8 may seek damages from any person, except a minor, who knowingly participated in the production or in the chain of distribution of any visual depiction proscribed by §§ 22-19A-1 , 22-24A-1 to 22-24A-20 , inclusive, 22-24B-1 , 22-49-1 to 22-49-3 , inclusive, 23A-27-14.1 , and 43-43B-1 to 43-43B-3 , inclusive.

Source: SL 2002, ch 109, § 16; SDCL § 22-22-24.9; SL 2005, ch 120, § 407; SL 2014, ch 109, § 22.
S.D. Codified Laws § 22-25-43 — SD Code / Title 22 / Chapter 25 / Section 22-25-43
Limit on gifts, premiums, and prizes from distributors and manufacturers
Status: in_force

No distributor or manufacturer may directly or indirectly give gifts, trips, prizes, loans of money, excluding credit, premiums, or other gratuities to qualified organizations or distributors, or their employees, other than nominal gifts, premiums, or prizes not to exceed a value of twenty - five dollars per organization or distributor, including employees, in a calendar year.

Source: SL 1988, ch 188, § 15.
S.D. Codified Laws § 22-11-9.2 — SD Code / Title 22 / Chapter 11 / Section 22-11-9.2
Falsely reporting a threat--Felony--Restitution--Minor to perform public service
Status: in_force

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

Source: SL 1970, ch 142; SL 1972, ch 140, § 18; SDCL Supp, § 22-34-26 ; SL 1976, ch 158, § 14A-9; SL 1989, ch 193; SL 1997, ch 128, § 1; SL 2002, ch 105, § 4; SDCL, § 22-14A-22 ; SL 2005, ch 120, §§ 278, 279.
S.D. Codified Laws § 22-24B-4 — SD Code / Title 22 / Chapter 24B / Section 22-24B-4
Attends school and attends classes defined
Status: in_force

As used in § 22-24B-2 , the term, attends school, and the term, attends classes, refer to any person who is enrolled on a full-time or part-time basis, in any public or private educational institution, including any secondary school, trade, or professional institution, or institution of higher education.

Source: SL 2005, ch 120, § 425.
S.D. Codified Laws § 22-46-11 — SD Code / Title 22 / Chapter 46 / Section 22-46-11
Voluntary reporting of abuse, neglect, or exploitation
Status: in_force

Any person who knows or has reason to suspect that an elder or adult with a disability has been abused, neglected, or exploited as defined in §§ 22-46-1 to 22-46-3 , inclusive, may report that information, regardless of whether that person is one of the mandatory reporters listed in §§ 22-46-9 and 22-46-10 .

Source: SL 2011, ch 119, § 3; SL 2016, ch 120, § 25.
S.D. Codified Laws § 22-29-9 — SD Code / Title 22 / Chapter 29 / Section 22-29-9
Oath relating to future performance of official duty
Status: in_force

So much of an oath of office as relates to future performance of official duty is not sufficient to constitute perjury or subornation.

Source: SDC 1939, § 13.1239.
S.D. Codified Laws § 22-30A-18 — SD Code / Title 22 / Chapter 30A / Section 22-30A-18
Aggregation of related thefts to determine degree of offense
Status: in_force

Amounts involved in thefts, whether from the same person or several persons, committed pursuant to one scheme or course of conduct, may be aggregated in determining the degree of the offense.

Source: SL 1976, ch 158, § 30A-4; SL 2005, ch 120, § 71.
S.D. Codified Laws § 22-24B-11 — SD Code / Title 22 / Chapter 24B / Section 22-24B-11
Availability of sex offenders' files--Participation in National Sex Offender Public Registry
Status: in_force

The Division of Criminal Investigation may make the file available to any regional or national registry of sex offenders and shall participate in the National Sex Offender Public Registry maintained by the United States Department of Justice. The division shall accept files from any regional or national registry of sex offenders and shall make such files available when requested pursuant to §§ 22-24B-1 to 22-24B-14 , inclusive.

Source: SL 1994, ch 174, § 4A; SDCL, § 22-22-34; SL 2005, ch 120, § 415; SL 2006, ch 124, § 2.
S.D. Codified Laws § 22-25-29 — SD Code / Title 22 / Chapter 25 / Section 22-25-29
Manufacturer defined
Status: in_force

For the purpose of this chapter, a manufacturer is any person who assembles from raw materials or subparts completed pieces of bingo or lottery equipment or supplies.

Source: SL 1988, ch 188, § 1A; SL 2022, ch 66, § 3.
S.D. Codified Laws § 22-40-21 — SD Code / Title 22 / Chapter 40 / Section 22-40-21
Delay of notice that would impede criminal investigation
Status: in_force

A notification required under § 22-40-20 may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. If the notification is delayed, the notification shall be made not later than thirty days after the law enforcement agency determines that notification will not compromise the criminal investigation.

Source: SL 2018, ch 135, § 3.
S.D. Codified Laws § 22-30A-34 — SD Code / Title 22 / Chapter 30A / Section 22-30A-34
Contents of notice of dishonor
Status: in_force

The notice of dishonor required by § 22-30A-32 shall be in substantially the following form:

You are hereby notified that your check described above has been dishonored and is now being held by the above holder for a period of thirty days from the date of the mailing of this notice. Civil liability incurred by a check issuer pursuant to SDCL 57A-3-420 is not a defense to a violation of this chapter. If you do not pay the amount of the check and the costs and expenses provided for by SDCL 57A-3-421 within thirty days of the mailing of this notice of dishonor to you, your check will be delivered to the state's attorney for criminal prosecution for theft, and you will be liable to the holder of the check for an additional civil penalty of an amount equal to twice the amount of the check in addition to the amount of the check and the costs and expenses provided for by SDCL 57A-3-421 .

Source: SL 1973, ch 153, § 8; SL 1983, ch 368, § 2; SDCL, § 22-41-3.2; SL 2005, ch 120, §§ 139, 444.