reglab/housing_qa huggingface dataset:
SD Codified L § 22-19A-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-1 - Stalking--Violation as misdemeanor--Second or subsequent offense a felony.

22-19A-1. Stalking--Violation as misdemeanor--Second or subsequent offense a felony.No person may:(1)Willfully, maliciously, and repeatedly follow or harass another person;(2)Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or(3)Willfully, maliciously, and repeatedly harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication.A violation of this section constitutes the crime of stalking. Stalking is a Class 1 misdemeanor. However, any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony. 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.
SD Codified L § 22-19A-2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-2 - Violation of restraining order, injunction, protection order, or no contact order as felony.

22-19A-2. Violation of restraining order, injunction, protection order, or no contact order as felony.Any person who violates §22-19A-1 when there is a temporary restraining order, or an injunction, or a protection order, or a no contact order issued pursuant to §25-10-23 or 25-10-25 in effect prohibiting the behavior described in §22-19A-1 against the same party, is guilty of a Class 6 felony. Source: SL 1992, ch 162, §2; SL 1993, ch 176, §2; SL 1994, ch 164; SL 2013, ch 120, §2.
SD Codified L § 22-19A-3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-3 - Stalking--Subsequent convictions--Violation as felony.

22-19A-3. Stalking--Subsequent convictions--Violation as felony.A person who has a second or subsequent conviction occurring within seven years of a prior conviction under §22-19A-1, 22-19A-2, or 22-19A-7 against the same victim, and involving an act of violence, or a credible threat of violence, is guilty of a Class 5 felony. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of §22-19A-1, 22-19A-2, or 22-19A-7 and involving an act of violence, or a credible threat of violence, and occurring within seven years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a second or subsequent offense. Source: SL 1992, ch 162, §3; SL 1993, ch 176, §3; SL 2020, ch 83, § 2.
SD Codified L § 22-19A-4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-4 - Harasses defined.

22-19A-4. Harasses defined.For the purposes of this chapter, harasses means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose. Source: SL 1992, ch 162, §4; SL 1993, ch 176, §4.
SD Codified L § 22-19A-5 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-5 - Course of conduct defined.

22-19A-5. Course of conduct defined.For the purposes of this chapter, course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of course of conduct. Source: SL 1992, ch 162, §5.
SD Codified L § 22-19A-6 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-6 - A credible threat defined.

22-19A-6. A credible threat defined.For the purposes of this chapter, a credible threat means a threat made with the intent and the apparent ability to carry out the threat. A credible threat need not be expressed verbally. Source: SL 1992, ch 162, §6; SL 1993, ch 176, §5.
SD Codified L § 22-19A-7 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-7 - Stalking a child twelve or younger--Felony.

22-19A-7. Stalking a child twelve or younger--Felony.Any person who willfully, maliciously, and repeatedly follows or harasses a child twelve years of age or younger or who makes a credible threat to a child twelve years of age or younger with the intent to place that child in reasonable fear of death or great bodily injury or with the intent to cause the child to reasonably fear for the child's safety is guilty of the crime of felony stalking. Felonious stalking is a Class 6 felony. Source: SL 1993, ch 176, §6; SL 2002, ch 108, §1.
SD Codified L § 22-19A-8 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-8 - Petition for protection order--Procedures.

22-19A-8. Petition for protection order--Procedures.There exists an action known as a petition for a protection order in cases of stalking, in cases of physical injury as a result of an assault, or in cases of a crime of violence as defined in subdivision 22-1-2(9). Procedures for the action are as follows:(1)A petition under this section may be made against any person who violates §22-19A-1 or against any other person against whom stalking or physical injury as a result of an assault or in cases where a crime of violence is alleged;(2)A petition shall allege the existence of (a) stalking or (b) physical injury as a result of an assault or (c) a crime of violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the stalking or the physical injury as a result of an assault or crime of violence;(3)A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. The attorney general shall prepare the standard petition form. Source: SL 1997, ch 131, §1; SL 2000, ch 101, §2; SL 2002, ch 129, §2; SL 2007, ch 143, §1.
SD Codified L § 22-19A-8.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-8.1 - Petition for protection order in which allegations support domestic abuse rather than stalking or physical injury.

22-19A-8.1. Petition for protection order in which allegations support domestic abuse rather than stalking or physical injury.If a petition for a protection order alleging the existence of stalking or physical injury is filed with the court pursuant to §22-19A-8 and, if the court, upon an initial review, determines that the allegations do not support the existence of stalking or physical injury, but that the allegations do support the existence of domestic abuse pursuant to §25-10-3, the court, in its discretion, may hear and act upon the petition as though the petition had been filed under §25-10-3 and subject to the provisions of chapter 25-10. Source: SL 2014, ch 126, §2.
SD Codified L § 22-19A-9 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-9 - Filing petition for protection--Venue.

22-19A-9. Filing petition for protection--Venue.A petition for relief under §§22-19A-8 to 22-19A-16, inclusive, may be filed in circuit court or in a magistrate court with a magistrate judge presiding. Venue lies where any party to the proceedings resides. Source: SL 1997, ch 131, §2; SL 2008, ch 108, §1, eff. Feb. 19, 2008.
SD Codified L § 22-19A-10 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-10 - Hearing on petition for protection--Time--Service on respondent.

22-19A-10. Hearing on petition for protection--Time--Service on respondent.Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless for good cause the court grants a continuance. Personal service of the petition, affidavit, and notice for hearing shall be made on the respondent not less than five days prior to the hearing. Source: SL 1997, ch 131, §3; SL 2009, ch 131, §2.
SD Codified L § 22-19A-11 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-11 - Relief granted by protection order.

22-19A-11. Relief granted by protection order.Upon notice and a hearing, if the court finds by a preponderance of the evidence that stalking has taken place, the court may provide relief as follows:(1)Restrain any party from committing acts of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9);(2)Order other relief as the court deems necessary for the protection of the person seeking the protection order, including orders or directives to law enforcement officials.Any relief granted by the order for protection shall be for a fixed period and may not exceed five years. Source: SL 1997, ch 131, §4; SL 2000, ch 101, §3; SL 2007, ch 161, §2.
SD Codified L § 22-19A-12 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-12 - Ex parte temporary order pending full hearing on petition for protection.

22-19A-12. Ex parte temporary order pending full hearing on petition for protection.If an affidavit filed with an application under §22-19A-8 alleges that immediate and irreparable injury, loss, or damage is likely to result before an adverse party or the party's attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing and granting relief as the court deems proper, including an order restraining any person from committing acts of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9). An ex parte temporary protection order is effective for a period of thirty days unless for good cause the court grants a continuance. No continuance may exceed thirty days unless the court finds good cause for the additional continuance and:(1)The parties stipulate to an additional continuance; or(2)The court finds that law enforcement is unable to locate the respondent for purposes of service of the ex parte protection order.If a continuance is granted, the court by order shall extend the ex parte temporary protection order until the rescheduled hearing date. The respondent shall be personally served without delay with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the date set for the hearing. Source: SL 1997, ch 131, §5; SL 2000, ch 101, §4; SL 2009, ch 132, §2; SL 2016, ch 142, §2.
SD Codified L § 22-19A-13 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-13 - Exceptional circumstances required before security authorized.

22-19A-13. Exceptional circumstances required before security authorized.The court may not require an undertaking or other security of any party to a petition for an order of protection other than in exceptional circumstances. Source: SL 1997, ch 131, §6.
SD Codified L § 22-19A-14 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-14 - Modification of terms of protection order.

22-19A-14. Modification of terms of protection order.Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. Source: SL 1997, ch 131, §7.
SD Codified L § 22-19A-15 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-15 - Delivery of protection order to law enforcement agency--Notice of order to officers.

22-19A-15. Delivery of protection order to law enforcement agency--Notice of order to officers.The petitioner may deliver an order for protection granted pursuant to §§22-19A-8 to 22-19A-16, inclusive, within twenty-four hours to the local law enforcement agency having jurisdiction over the residence of the petitioner. Each appropriate law enforcement agency shall make available to other law enforcement officers information as to the existence and status of any order for protection issued pursuant to §§22-19A-8 to 22-19A-16, inclusive. Source: SL 1997, ch 131, §8.
SD Codified L § 22-19A-16 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-16 - Protection order--Violation--Penalty.

22-19A-16. Protection order--Violation--Penalty. If a temporary protection order or a protection order is granted pursuant to §§22-19A-8 to 22-19A-16, inclusive, and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor.If the acts constituting a violation of this section also constitute an assault, as defined in §22-18-1, the violation of this section is a Class 6 felony.If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, §21-65-19, or §25-10-13, or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.Any proceeding under §§22-19A-8 to 22-19A-16, inclusive, is in addition to other civil or criminal remedies. Source: SL 1997, ch 131, §9; SL 2004, ch 150, §1; SL 2015, ch 128, §1; SL 2020, ch 76, § 2; SL 2021, ch 90, § 2.
SD Codified L § 22-19A-17 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-17 - Defendant prohibited from contacting victim prior to court appearance--Misdemeanor.

22-19A-17. Defendant prohibited from contacting victim prior to court appearance--Misdemeanor.While in custody after arrest for assault or stalking, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, until the defendant's initial court appearance or until such contact or communication is specifically authorized by the court. Willful violation of this section is a Class 1 misdemeanor. Source: SL 2000, ch 102, §1; SL 2010, ch 114, §2.
SD Codified L § 22-19A-18 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19A - Stalking|Section 22-19A-18 - Bond--No contact terms--Misdemeanor.

22-19A-18. Bond--No contact terms--Misdemeanor.If bond for the defendant in any assault or stalking action is authorized, a condition of no contact with the victim shall be stated and incorporated into the terms of the bond. Willful violation of any such no contact provision is a Class 1 misdemeanor. Source: SL 2010, ch 114, §1.
SD Codified L § 22-19B-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19B - Hate Crimes|Section 22-19B-1 - Malicious intimidation or harassment--Felony.

22-19B-1. Malicious intimidation or harassment--Felony.No person may maliciously and with the specific intent to intimidate or harass any person or specific group of persons because of that person's or group of persons' race, ethnicity, religion, ancestry, or national origin:(1)Cause physical injury to another person; or(2)Deface any real or personal property of another person; or(3)Damage or destroy any real or personal property of another person; or(4)Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts prohibited in subdivision (1), (2), or (3) of this section will occur.A violation of this section is a Class 6 felony. Source: SL 1993, ch 177, §1; SL 2005, ch 120, §181.
SD Codified L § 22-19B-2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19B - Hate Crimes|Section 22-19B-2 - Deface defined.

22-19B-2. Deface defined.For purposes of this chapter, the term, deface, includes cross-burnings or the placing of any word or symbol commonly associated with racial, religious, or ethnic terrorism on the property of another person without that person's permission. Source: SL 1993, ch 177, §2; SL 2005, ch 120, §182.
SD Codified L § 22-19B-4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19B - Hate Crimes|Section 22-19B-4 - Preventing practice of religion--Misdemeanor.

22-19B-4. Preventing practice of religion--Misdemeanor.Any person who, by threats or violence, intentionally prevents another person from performing any lawful act enjoined upon or recommended by the religion which such person professes is guilty of a Class 1 misdemeanor. Source: SDC 1939, §13.1702; SL 1976, ch 158, §27-1; SDCL, §22-27-1; SL 2005, ch 120, §§286, 288.
SD Codified L § 22-19B-5 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 19B - Hate Crimes|Section 22-19B-5 - Compelling practice of religion--Misdemeanor.

22-19B-5. Compelling practice of religion--Misdemeanor.Any person who intentionally attempts, by threats or violence, to compel another person to adopt, practice, or profess any particular form of religious belief is guilty of a Class 1 misdemeanor. Source: SDC 1939, §13.1703; SL 1976, ch 158, §27-2; SDCL, §22-27-2; SL 2005, ch 120, §§287, 288.
SD Codified L § 22-21-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 21 - Invasions Of Privacy|Section 22-21-1 - Eavesdropping--Privacy--Misdemeanor.

22-21-1. Eavesdropping--Privacy--Misdemeanor. No person may, except as authorized by law:(1)Trespass on property with intent to subject anyone to eavesdropping or other surveillance in a private place; or(2)Install in any private place, without the consent of the person or persons entitled to privacy there, any device for observing, photographing, recording, amplifying, or broadcasting sounds or events in such place, or uses any such unauthorized installation.A person who violates this section is guilty of a Class 1 misdemeanor. Subdivision (2) does not apply to law enforcement officers, or to those acting under the direction of a law enforcement officer, while engaged in the performance of the officer's lawful duties. Source: SDC 1939, §13.1425; SL 1976, ch 158, §21-1; SL 1977, ch 189, §49; SL 2017, ch 202, §5; SL 2020, ch 84, § 1; SL 2021, ch 95, § 1.
SD Codified L § 22-21-3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 21 - Invasions Of Privacy|Section 22-21-3 - Window peeking on private property of another--Violation as misdemeanor.

22-21-3. Window peeking on private property of another--Violation as misdemeanor.No person may enter the private property of another and peek in the door or window of any inhabited building or structure located thereon, without having lawful purpose with the owner or occupant thereof. A violation of this section is a Class 1 misdemeanor. Source: SL 1976, ch 158, §21-2; SL 1977, ch 189, §50; SL 1992, ch 163.
SD Codified L § 22-21-4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 21 - Invasions Of Privacy|Section 22-21-4 - Record--Privacy--Misdemeanor--Felony.

22-21-4. Record--Privacy--Misdemeanor--Felony. No person may:(1)Use any device to photograph or visually record any other person without clothing or under or through the clothing, or with another person depicted in a sexual manner, for the purpose of viewing the body of, or the undergarments worn by, that other person, without the consent or knowledge of that other person, with the intent to self-gratify, to harass, or embarrass and invade the privacy of that other person, under circumstances in which the other person has a reasonable expectation of privacy; or(2)Use, disclose, or disseminate, by any means, any recording or photograph in violation of subdivision (1), in order to self-gratify, to harass, or to embarrass and invade the privacy of that other person.A violation of this section is a Class 1 misdemeanor. However, a violation of this section is a Class 6 felony if the victim is seventeen years of age or younger and the perpetrator is at least twenty-one years of age at the time the photograph or recording is made. Source: SL 2004, ch 151, §1; SL 2011, ch 116, §1; SL 2016, ch 123, §1; SL 2020, ch 87, § 4; SL 2021, ch 96, § 1.
SD Codified L § 22-21-5 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 21 - Invasions Of Privacy|Section 22-21-5 - Service providers not liable.

22-21-5. Service providers not liable.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.
SD Codified L § 22-22-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-1 - Rape--Degrees--Felony--Statute of limitations.

22-22-1. Rape--Degrees--Felony--Statute of limitations.Rape is an act of sexual penetration accomplished with any person under any of the following circumstances:(1)If the victim is less than thirteen years of age; or(2)Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim's presence, accompanied by apparent power of execution; or(3)If the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or(4)If the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or(5)If the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim.A violation of subdivision (1) of this section is rape in the first degree, which is a Class C felony. A violation of subdivision (2) of this section is rape in the second degree which is a Class 1 felony. A violation of subdivision (3) or (4) of this section is rape in the third degree, which is a Class 2 felony. A violation of subdivision (5) of this section is rape in the fourth degree, which is a Class 3 felony. Notwithstanding the provisions of §23A-42-2, no statute of limitations applies to any charge brought pursuant to subdivisions (1) or (2) of this section. Otherwise a charge brought pursuant to this section may be commenced at any time prior to the time the victim becomes of age twenty-five or within seven years of the commission of the crime, whichever is longer. Source: SDC 1939, §§13.2801, 13.2803; SDCL §22-22-5; SL 1972, ch 154, §21; SL 1975, ch 169, §§1, 5; SL 1976, ch 158, §22-1; SL 1977, ch 189, §51; SL 1978, ch 158, §10; SL 1980, ch 175; SL 1982, ch 176, §1; SL 1984, ch 165, §1; SL 1984, ch 167, §2; SL 1985, ch 179; SL 1985, ch 181, §1; SL 1988, ch 187; SL 1989, ch 194, §2; SL 1990, ch 161, §2; SL 1990, ch 162, §1; SL 1991, ch 24, §8; SL 1994, ch 165, §2; SL 1994, ch 166, §2; SL 2000, ch 100, §1; SL 2005, ch 120, §390; SL 2012, ch 125, §1.
SD Codified L § 22-22-1.2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 22 - Sex Offenses|Section 22-22-1.2 - Minimum sentences for rape or sexual contact with child.

22-22-1.2. Minimum sentences for rape or sexual contact with child.If any adult is convicted of any of the following violations, the court shall impose the following minimum sentences:(1)For a violation of subdivision 22-22-1(1), fifteen years for a first offense; and(2)For a violation of §22-22-7 if the victim is less than thirteen years of age, ten years for a first offense. Source: SL 1992, ch 164, §1; SL 2005, ch 120, §392; SL 2006, ch 121, §1.