reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 10 - Riot And Unlawful Assembly › Section 22-10-9 - Unlawful assembly--Misdemeanor.

22-10-9. Unlawful assembly--Misdemeanor.
Any person who assembles with two or more persons for the purpose of engaging in conduct constituting riot or aggravated riot or who, being present at an assembly that either has or develops such a purpose, remains there, with intent to advance that purpose, is guilty of unlawful assembly. Unlawful assembly is a Class 1 misdemeanor.
Source:
SDC 1939, §13.1402; SL 1976, ch 158, §10-5; SL 2005, ch 120, §349.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 10 - Riot And Unlawful Assembly › Section 22-10-11 - Refusal to disperse or refrain from riot or unlawful assembly--Misdemeanor.

22-10-11. Refusal to disperse or refrain from riot or unlawful assembly--Misdemeanor.
Any person who, during a riot or unlawful assembly, intentionally disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot, is guilty of a Class 1 misdemeanor. A public safety order is any order, the purpose of which is to prevent or control disorder or promote the safety of persons or property, issued by a law enforcement officer or a member of the fire or military forces concerned with the riot or unlawful assembly.
Source:
SDC 1939, §13.1407; SL 1976, ch 158, §10-6; SL 2005, ch 120, §350.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 10 - Riot And Unlawful Assembly › Section 22-10-17 - Incitement to riot--Violation as felony.

22-10-17  .  Incitement to riot--Violation as felony.
Any person who, with the intent to cause a riot, commits an act or engages in conduct that urges three or more people, acting together and without authority of law, to use force or violence to cause any injury to any person or any damage to property, under circumstances in which the force or violence is imminent and the urging is likely to incite or produce the use of force or violence, incites riot. For the purposes of this chapter, urging includes instigating, inciting, or directing, but does not include the oral or written advocacy of ideas or expression of belief that does not urge the commission of an act or conduct of imminent force or violence. This section may not be construed to prevent the peaceable assembly of persons for lawful purposes of protest or petition. A violation of this section is a Class 5 felony.
Source:  SL 2020, ch 78, § 4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 10A - Street Gang Activity › Section 22-10A-1 - Definitions.

22-10A-1. Definitions.
Terms used in §§22-10A-1 to 22-10A-3, inclusive, mean:
(1)"Street gang," any formal or informal ongoing organization, association, or group of three or more persons who have a common name or common identifying signs, colors, or symbols and have members or associates who, individually or collectively, engage in or have engaged in a pattern of street gang activity;
(2)"Street gang member," any person who engages in a pattern of street gang activity and who meets two or more of the following criteria:
(a)Admits to gang membership;
(b)Is identified as a gang member by a documented reliable informant;
(c)Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs or its tattoos and associates with known gang members;
(d)Is identified as a gang member by an informant of previously untested reliability if such identification is corroborated by independent information;
(e)Has been arrested more than once in the company of identified gang members for offenses which are consistent with usual gang activity;
(f)Is identified as a gang member by physical evidence, such as photographs or other documentation; or
(g)Has been stopped in the company of known gang members four or more times; and
(3)"Pattern of street gang activity," the commission, attempted commission, or solicitation by any member or members of a street gang of two or more felony or violent misdemeanor offenses on separate occasions within a three-year period for the purpose of furthering gang activity.
Source:
SL 1992, ch 159, §1; SDCL, §22-10-14; SL 2005, ch 120, §§352, 355.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 10A - Street Gang Activity › Section 22-10A-2 - Reclassification of offense if part of street gang activity.

22-10A-2. Reclassification of offense if part of street gang activity.
The penalty for conviction of any offense shall be reclassified to the next highest classification in the penalty schedule if the commission of such offense is part of a pattern of street gang activity.
Source:
SL 1992, ch 159, §2; SDCL, §22-10-15; SL 2005, ch 120, §§353, 355.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 10A - Street Gang Activity › Section 22-10A-3 - Allegation of gang membership filed as separate information.

22-10A-3. Allegation of gang membership filed as separate information.
An allegation that a defendant is a street gang member shall be filed as a separate information at the time of, or before, arraignment. The separate information shall state those criteria, as set forth in subdivision 22-10A-1(2), which allegedly identify the defendant as a street gang member, and shall be signed by the prosecutor.
Source:
SL 1992, ch 159, §3; SDCL, §22-10-16; SL 2005, ch 120, §§354, 355.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-1 - Resisting execution or service of process.

22-11-1. Resisting execution or service of process.
Any person who resists the execution or service of any legal process is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §13.1408; SL 1976, ch 158, §11-1; SL 1977, ch 189, §24.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-2 - Obstructing officer in charge of personal property.

22-11-2. Obstructing officer in charge of personal property.
Any person who intentionally injures or destroys, takes or attempts to take, or assists any other person in taking or attempting to take, from the custody of any law enforcement officer or other person, any personal property, which such officer or person has in charge under any process of law, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1224; SL 1976, ch 158, §11-4; SL 2005, ch 120, §191.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-3 - Obstructing certain public officers or employees--Misdemeanor.

22-11-3. Obstructing certain public officers or employees--Misdemeanor.
Any person who intentionally obstructs or attempts to obstruct a public officer or employee, not a law enforcement officer, firefighter, or emergency medical technician in the performance of any official duty, or who resists a public officer in performance of that duty, is guilty of a Class 2 misdemeanor.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-4 - Resisting arrest--Misdemeanor.

22-11-4. Resisting arrest--Misdemeanor.
Any person who intentionally prevents or attempts to prevent a law enforcement officer, acting under color of authority, from effecting an arrest of the actor or another, by:
(1)Using or threatening to use physical force or violence against the law enforcement officer or any other person; or
(2)Using any other means which creates a substantial risk of causing physical injury to the law enforcement officer or any other person;
is guilty of resisting arrest. Resisting arrest is a Class 1 misdemeanor.
Source:
SL 1976, ch 158, §11-2; SL 2005, ch 120, §194.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › 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.

22-11-5. Unlawful arrest no defense if officer acting under color of authority with reasonable force--Color of authority for law enforcement officer, firefighter, or emergency medical technician.
It is no defense to a prosecution under §22-11-4 that the law enforcement officer was attempting to make an arrest which in fact was unlawful, if the law enforcement officer was acting under color of authority and, in attempting to make the arrest, the law enforcement officer was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A law enforcement officer, firefighter, or emergency medical technician acts under color of authority if, in the regular course of assigned duties, he or she is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances.
Source:
SL 1976, ch 158, §11-2; SL 2005, ch 120, §195.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-6 - Obstructing law enforcement officer, firefighter, or emergency management personnel--Misdemeanor.

22-11-6. Obstructing law enforcement officer, firefighter, or emergency management personnel--Misdemeanor.
Except as provided in §§22-11-4 and 22-11-5, any person who, by using or threatening to use violence, force, or physical interference or obstacle, intentionally obstructs, impairs, or hinders the enforcement of the criminal laws or the preservation of the peace by a law enforcement officer or jailer acting under color of authority, or intentionally obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter acting under color of authority, or intentionally obstructs emergency management personnel acting under color of authority, is guilty of obstructing a law enforcement officer, firefighter, or emergency medical technician. Obstructing a law enforcement officer, jailer, firefighter, or emergency medical technician is a Class 1 misdemeanor.
Source:
SL 1976, ch 158, §11-3; SL 2005, ch 120, §196.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-7 - Illegality of officer, firefighter, or emergency medical technician acts no defense if under color of authority.

22-11-7. Illegality of officer, firefighter, or emergency medical technician acts no defense if under color of authority.
It is no defense to a prosecution under §22-11-6 that the law enforcement officer, firefighter, or emergency medical technician was acting in an illegal manner, if the law enforcement officer, firefighter, or emergency medical technician was acting under the color of authority as defined in §22-11-5.
Source:
SL 1976, ch 158, §11-3; SL 2005, ch 120, §198.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-9 - False reporting to authorities--Misdemeanor.

22-11-9. False reporting to authorities--Misdemeanor.
Any person who:
(1)Except as provided in §22-11-9.2, knowingly causes a false fire or other emergency alarm to be transmitted to, or within, any fire department, ambulance service, or other government agency which deals with emergencies involving danger to life or property;
(2)Makes a report or intentionally causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern, knowing that it did not occur; or
(3)Makes a report or intentionally causes the transmission of a report to law enforcement authorities which furnishes information relating to an offense or other incident within their official concern, knowing that such information is false;
is guilty of false reporting to authorities. False reporting to authorities is a Class 1 misdemeanor.
Source:
SL 1975, ch 171, §§1, 2; SDCL Supp, §22-13-16; SL 1976, ch 158, §11-23; SL 2005, ch 120, §201.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-9.1 - False fire alarm causing serious bodily injury or death--Felony.

22-11-9.1. False fire alarm causing serious bodily injury or death--Felony.
Any person who intentionally gives any false alarm of fire, by any means, is guilty of a Class 5 felony, if, as a result, any other person dies or sustains serious bodily injury.
Source:
SL 1973, ch 150, §2; SDCL Supp, §34-35A-2; SL 1977, ch 190, §96; SL 2005, ch 120, §202.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-9.2 - Falsely reporting a threat--Felony--Restitution--Minor to perform public service.

22-11-9.2. Falsely reporting a threat--Felony--Restitution--Minor to perform public service.
Any person who makes a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, explosive, destructive device, dangerous chemical, biological agent, poison or harmful radioactive substance, is guilty of falsely reporting a threat. Falsely reporting a threat is a Class 6 felony. Any person found guilty of falsely reporting a threat shall pay restitution for any expense incurred as a result of the crime. If the person making the false report prohibited by this section is a minor, the court, in addition to such other disposition as the court may impose, shall require the minor to perform at least fifty hours of public service unless tried as an adult.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-10 - Compounding a felony or misdemeanor.

22-11-10. Compounding a felony or misdemeanor.
Any person who accepts, or offers or agrees to accept, any pecuniary benefit as consideration for:
(1)Refraining from seeking prosecution of an offender; or
(2)Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or any information relating to a crime;
is guilty of compounding. Compounding a felony is a Class 6 felony. Compounding a misdemeanor is a Class 1 misdemeanor.
Source:
SDC 1939, §§13.0304, 13.0305; SDCL, §§22-3-6, 22-3-7; SL 1976, ch 158, §11-5; SL 2005, ch 120, §203.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-11 - Acceptance of restitution as defense.

22-11-11. Acceptance of restitution as defense.
It is an affirmative defense to prosecution pursuant to §22-11-10 that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.
Source:
SL 1976, ch 158, §11-5; SL 2005, ch 120, §204.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-12 - Misprision of felony--Misdemeanor.

22-11-12. Misprision of felony--Misdemeanor.
Any person who, having knowledge, which is not privileged, of the commission of a felony, conceals the felony, or does not immediately disclose the felony, including the name of the perpetrator, if known, and all of the other relevant known facts, to the proper authorities, is guilty of misprision of a felony. Misprision of a felony is a Class 1 misdemeanor. There is no misprision of misdemeanors, 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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-14 - Judicial officer defined.

22-11-14. Judicial officer defined.
As used in this chapter, the term, judicial officer, includes any referee, arbitrator, judge, hearing officer, or any other person authorized by law to hear or determine a controversy.
Source:
SL 1976, ch 158, §11-9.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-15 - Threatening or intimidating judicial or ministerial officers or others.

22-11-15. Threatening or intimidating judicial or ministerial officers or others.
Any person who, directly or indirectly, utters or addresses any threat or intimidation to any judicial or ministerial officer, juror, member of the Board of Pardons and Paroles, or other person authorized by law to hear or determine any controversy, or any court services officer, with intent to induce the person either to do any act not authorized by law, or to omit or delay the performance of any duty imposed upon the person by law, or for having performed any duty imposed upon the person by law, is guilty of a Class 5 felony.
Source:
SDC 1939, §13.1206; SDCL §16-15-9; SL 1976, ch 158, §11-10; SL 1977, ch 189, §25; SL 2003, ch 123, §1; SL 2011, ch 114, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-15.2 - Threatening constitutional officer or family--Felony.

22-11-15.2. Threatening constitutional officer or family--Felony.
Any person who, knowingly and intentionally, deposits for conveyance in the mail or for a delivery from any post office or by any messenger any letter, paper, writing, print, or document containing any threat to take the life of or to inflict bodily harm upon a constitutional officer or former constitutional officer of the state, or a member of the constitutional officer's immediate family, or who, knowingly and intentionally, otherwise makes any threat to take the life of or to inflict bodily harm upon a constitutional officer or former constitutional officer or a member of the constitutional officer's immediate family is guilty of a Class 5 felony.
Source:
SL 1985, ch 173; SL 2005, ch 120, §209.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-15.3 - Threatening juror or juror's family--Violation as felony.

22-11-15.3. Threatening juror or juror's family--Violation as felony.
Any person who, directly or indirectly, threatens or intimidates any person who has served as a juror, or any member of such person's immediate family, because of such person's jury service, is guilty of a Class 5 felony.
Source:
SL 1991, ch 188.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-19 - Tampering with a witness--Felony.

22-11-19. Tampering with a witness--Felony.
Any person who injures or threatens to injure any person or property; who offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding; or who corruptly persuades or corruptly influences another person to induce the witness to:
(1)Testify falsely;
(2)Withhold any testimony, information, document, or thing;
(3)Elude legal process summoning the witness to testify or supply evidence; or
(4)Absent himself or herself from an official proceeding to which the witness has been legally summoned;
is guilty of tampering with a witness. Any person who injures, or threatens to injure, any person or property in retaliation for that person testifying in an official proceeding, or for cooperating with law enforcement, government officials, investigators, or prosecutors, is guilty of tampering with a witness. Tampering with a witness is a Class 4 felony.
For the purposes of this section, the term, corruptly, means wrongful or immoral and done with an intent to impede the administration of justice.
Source: SDC 1939, §13.1246; SDCL, §19-5-15; SL 1976, ch 158, §§11-14; SL 1978, ch 158, §6; SL 1986, ch 179; SL 2004, ch 148, §1; SL 2005, ch 120, §213; SL 2023, ch 68, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-23 - Falsification of public records--Misdemeanor.

22-11-23. Falsification of public records--Misdemeanor.
Any person who knowingly makes a false entry in any public record, or falsely alters any public record is guilty of a Class 2 misdemeanor. However, if the false entry or alteration is committed by a public officer or employee having custody of the record, the offense is a Class 1 misdemeanor.
Source:
SDC 1939, §13.1306; SDCL §4-3-19 (3); SL 1976, ch 158, §11-18; SL 2005, ch 120, §218.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-23.2 - Authorization of debtor required for filing of financing statement--Violation as misdemeanor.

22-11-23.2. Authorization of debtor required for filing of financing statement--Violation as misdemeanor.
No person may file a financing statement with the secretary of state knowing that the debtor did not authorize the filing of that financing statement. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2002, ch 104, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-24 - Destruction or impairment of public record--Felony.

22-11-24. Destruction or impairment of public record--Felony.
Any person who, without the authority to do so, knowingly and intentionally destroys, mutilates, conceals, removes, or impairs the availability of any public record is guilty of a Class 6 felony. However, if the provisions of this section are violated by a public officer or employee having custody of the record, the offense is a Class 5 felony.
Source:
SDC 1939, §13.1306; SDCL §4-3-19 (4); SL 1976, ch 158, §11-19; SL 2005, ch 120, §220.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-25 - Unlawful retention of public record--Misdemeanor.

22-11-25. Unlawful retention of public record--Misdemeanor.
Any person who, lacking the authority to retain a public record in his or her possession, knowingly refuses to deliver it up upon proper request of any person lawfully entitled to receive such record, is guilty of a Class 2 misdemeanor. However, if the knowing refusal to deliver is committed by a public officer or employee having custody of the record, the offense is a Class 1 misdemeanor.
Source:
SL 1976, ch 158, §11-20; SL 2005, ch 120, §221.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-26 - Forfeiture of public officer's office for record violations--Discharge of public employee--Refusal to discharge employee--Misdemeanor.

22-11-26. Forfeiture of public officer's office for record violations--Discharge of public employee--Refusal to discharge employee--Misdemeanor.
Any public officer found guilty of violating §§22-11-23 to 22-11-25, inclusive, shall forfeit the office unless the office is subject to impeachment.
Any public employee found guilty of violating any provision of §§22-11-23 to 22-11-25, inclusive, shall be discharged. Any public officer having authority to discharge a public employee, who refuses to comply with this section, is guilty of a Class 2 misdemeanor.
Source:
SL 1976, ch 158, §11-21; SL 2005, ch 120, §222.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-28 - Counterfeit lien as a misdemeanor--Second offense a felony.

22-11-28. Counterfeit lien as a misdemeanor--Second offense a felony.
Any person who offers a counterfeit lien for filing, registering, or recording in a public office knowing or having reason to know that the lien is counterfeit is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation of this section is a Class 6 felony. Lack of belief in the jurisdiction or authority of the state or of the United States is no defense to a prosecution under this section.
Source:
SL 1997, ch 45, §7; SL 2005, ch 120, §225.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-28.1 - Offering false or forged instrument for filing, registering, or recording--Felony.

22-11-28.1. Offering false or forged instrument for filing, registering, or recording--Felony.
Any person who offers any false or forged instrument, knowing that the instrument is false or forged, for filing, registering, or recording in a public office, which instrument, if genuine, could be filed, registered, or recorded under any law of this state or of the United States, is guilty of a Class 6 felony.
Source:
SDC 1939, §13.1245; SDCL, §22-39-31; SL 1976, ch 158, §39-5; SDCL Supp, §22-39-39; SL 1978, ch 158, §7; SDCL, §22-11-23.1; SL 2005, ch 120, §§219, 226.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-29 - Offers defined--Counterfeit lien defined.

22-11-29. Offers defined--Counterfeit lien defined.
For purposes of §22-11-28, the term, offers, includes the mailing of the instrument to a public office with the knowledge or belief that the instrument will be filed with, registered, or recorded in, or otherwise become a part of, the records of the public office.
For purposes of §22-11-28, the term, counterfeit lien, means a lien that:
(1)Is not provided for by a specific state or federal statute;
(2)Does not depend upon the consent of the owner of the property affected for its existence; and
(3)Is not an equitable or constructive lien imposed by a court recognized under the U.S. Constitution, federal laws, or the constitution or laws of this state.
Source:
SL 1997, ch 45, §8; SL 2005, ch 120, §227.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-31 - Harassment by threat of fraudulent legal proceedings or liens prohibited--Misdemeanor--Subsequent violation felony.

22-11-31. Harassment by threat of fraudulent legal proceedings or liens prohibited--Misdemeanor--Subsequent violation felony.
Any person who harasses any other person by sending or delivering, or causing to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or other notice or demand that simulates any form of court or legal process and that threatens the other person, directly or indirectly, with incarceration, monetary fines, or penalties, or with the imposition of a counterfeit lien on the real or personal property of the other person is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation of this section is a Class 6 felony. Lack of belief in the jurisdiction or authority of the state or of the United States is no defense to a prosecution under this section.
Source:
SL 1997, ch 45, §10; SL 2005, ch 120, §228.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-32 - Harass defined--Course of conduct defined.

22-11-32. Harass defined--Course of conduct defined.
For purposes of §22-11-31, the term, harasses, means a knowing and willful course of conduct directed at any person which seriously alarms or annoys the person and which serves no legitimate legal purpose.
For purposes of §22-11-31, the term, course of conduct, means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
Source:
SL 1997, ch 45, §11; SL 2005, ch 120, §229.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-36 - Killing, injury, or interference with a law enforcement support animal prohibited--Felony or misdemeanor.

22-11-36. Killing, injury, or interference with a law enforcement support animal prohibited--Felony or misdemeanor.
If any person intentionally and unjustifiably kills a law enforcement animal, the person is guilty of a Class 6 felony. If any person intentionally and unjustifiably causes physical injury to, torments, strikes, disables, or tampers with a law enforcement support animal, the person is guilty of Class 1 misdemeanor. If any person harasses, taunts, or provokes a law enforcement support animal; interferes with a law enforcement support animal while the animal is working; or interferes with the individual handling the animal, the person is guilty of Class 2 misdemeanor. For purposes of this section, the term, law enforcement support animal, means any animal that is on duty which is being used by or on behalf of a law enforcement officer in the performance of the officer's functions and duties.
This section does not apply to a law enforcement officer or a veterinarian who terminates the life of a law enforcement support animal to relieve the animal of undue suffering and pain.
Source:
SL 2010, ch 113, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-37 - Failure to notify law enforcement that child is missing--Misdemeanor.

22-11-37. Failure to notify law enforcement that child is missing--Misdemeanor.
Any parent, legal guardian, or caretaker who knowingly fails to notify law enforcement within forty-eight hours of learning that a child, in his or her care and less than thirteen years of age, is missing is guilty of a Class 1 misdemeanor.
Source:
SL 2012, ch 120, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11 - Obstruction Of The Administration Of Government › Section 22-11-38 - Failure to notify law enforcement of death of child--Felony.

22-11-38. Failure to notify law enforcement of death of child--Felony.
Any parent, legal guardian, or caretaker who knowingly fails to notify law enforcement within six hours of learning of the death of a minor child in his or her care is guilty of a Class 5 felony. This section does not apply to any health care provider or to any facility licensed pursuant to chapter 34-12.
Source:
SL 2012, ch 120, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11A - Escape › Section 22-11A-1 - Definition of terms.

22-11A-1. Definition of terms.
The term, prisoner, as used in this chapter, includes every person who is in custody by being under arrest or by being under process of law issued from a court of competent jurisdiction, whether civil or criminal. A prisoner at the time of escape need not be in a place designated for the keeping of prisoners.
The term, escape, as used in this chapter, means the departure without lawful authority or the failure to return to custody following an assignment or temporary leave granted for a specific purpose or limited period.
The term, nonsecure correctional facility, as used in this chapter, means a correctional facility or placement that, while it may be locked at night, is generally not locked and not secured by a fence, external wall, or security perimeter and used for the housing of persons who are authorized to have unescorted access to the community for a specific purpose or limited period.
The term, secure correctional facility, as used in this chapter, means a locked or secured correctional facility with a perimeter wall or fence and locked entrances and exits.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11A - Escape › Section 22-11A-2 - First degree escape--Felony.

22-11A-2. First degree escape--Felony.
Any escape by a prisoner constitutes first degree escape if the prisoner effects the escape:
(1)By means of the use or threat of violence;
(2)From a secure correctional facility; or
(3)From the immediate custody of a law enforcement officer or Department of Corrections employee.
First degree escape is a Class 4 felony.
Source:
SDC 1939, §§13.1226, 13.1227; SL 1955, ch 25, §§1, 2; SL 1957, ch 31; SDCL §§24-12-1, 24-12-2; SL 1977, ch 201, §§1, 2; SL 1978, ch 185, §10; SDCL Supp, §24-12-9; SL 2004, ch 164, §2; SL 2005, ch 120, §318; SL 2009, ch 113, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11A - Escape › Section 22-11A-2.1 - Second degree escape--Felony.

22-11A-2.1. Second degree escape--Felony.
Any escape by a prisoner constitutes second degree escape if the prisoner effects the escape by means of failure to return to custody following an assignment or temporary leave granted for a specific purpose or limited period or leaves a nonsecure correctional facility without authorization. Second degree escape is a Class 5 felony.
Source:
SL 2005, ch 120, §319; SL 2009, ch 113, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11A - Escape › Section 22-11A-4 - Pursuit of escaped prisoner--Breaking structure permitted.

22-11A-4. Pursuit of escaped prisoner--Breaking structure permitted.
If a prisoner escapes, the person from whose custody that prisoner escaped may immediately pursue and retake that prisoner at any time and in any place in the state. To retake a prisoner, the person pursuing may, after notice of intention and refusal of admittance, break open an outer or inner door or window of a dwelling house or other structure.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 11A - Escape › Section 22-11A-5 - Concealment of escaped prisoner--Felony.

22-11A-5. Concealment of escaped prisoner--Felony.
Any person who conceals any prisoner knowing that the prisoner has escaped is guilty of a Class 5 felony.
Source:
SDC 1939, §13.1228; SDCL, §24-12-5; SL 1978, ch 185, §13; SDCL Supp, §24-12-12; SL 2005, ch 120, §322.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12 - Abuse Of Judicial Process › Section 22-12-1 - Barratry--Misdemeanor.

22-12-1. Barratry--Misdemeanor.
Barratry is the offense of maliciously bringing or causing to be brought any groundless judicial proceeding. Barratry is a Class 2 misdemeanor. The fact that an accused was personally a party in interest or upon the record to any proceedings at law complained of is not a defense.
Source:
SDC 1939, §13.1252; SL 1976, ch 158, §12-1; SL 1977, ch 189, §26; SL 2005, ch 120, §233.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12 - Abuse Of Judicial Process › Section 22-12-5 - Uttering simulated process--Misdemeanor.

22-12-5. Uttering simulated process--Misdemeanor.
Any person who, for the purpose of obtaining anything of value, circulates or offers for sale, prints for the purpose of sale or distribution, sends or delivers, or causes to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or other notice or demand which simulates any form of court or legal process or any official demand, notice or other paper of a federal, state, or municipal agency, the intention of which document is to lead the recipient or addressee to believe that it is a genuine court or legal process or official demand, notice, or other paper of a federal, state, or municipal agency, is guilty of uttering simulated process. Uttering simulated process is a Class 1 misdemeanor.
Source:
SL 1964, ch 34, §1; SL 1967, ch 29; SL 1976, ch 158, §12-2; SL 2005, ch 120, §234.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12 - Abuse Of Judicial Process › Section 22-12-6 - Validity of obligation no defense to simulated process charge.

22-12-6. Validity of obligation no defense to simulated process charge.
It is no defense to a charge of uttering simulated process, that the document bears any statement that the thing of value sought to be obtained was to apply as payment on a valid obligation.
Source:
SL 1964, ch 34, §2; SL 1976, ch 158, §12-3; SL 2005, ch 120, §235.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12 - Abuse Of Judicial Process › Section 22-12-7 - Deposit in post office or delivery for forwarding as proof of uttering.

22-12-7. Deposit in post office or delivery for forwarding as proof of uttering.
In prosecutions for any violation of §22-12-5, the prosecution may show that the simulating document was deposited in the post office for mailing or was delivered to any person with intent to be forwarded, and such showing is sufficient proof of the sending or delivery.
Source:
SL 1964, ch 34, §3; SL 2005, ch 120, §236.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12 - Abuse Of Judicial Process › Section 22-12-8 - Genuine legal forms not prohibited.

22-12-8. Genuine legal forms not prohibited.
Nothing in §§22-12-5 to 22-12-7, inclusive, prevents the printing, publication, sale, or distribution of genuine legal forms.
Source:
SL 1964, ch 34, §4; SL 1976, ch 158, §12-4; SL 2005, ch 120, §237.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12 - Abuse Of Judicial Process › Section 22-12-10 - Arrest or seizure of property without process--Misdemeanor.

22-12-10. Arrest or seizure of property without process--Misdemeanor.
Any public officer or person pretending to be a public officer, who under the pretense or color of any process or other legal authority, arrests any person, or detains any person against that person's will, or seizes or levies upon any property, or dispossesses any person of any lands or tenements without due and legal process, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1233; SL 1976, ch 158, §12-5; SL 2005, ch 120, §238.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12 - Abuse Of Judicial Process › Section 22-12-13 - Malicious procurement of search warrant--Misdemeanor.

22-12-13. Malicious procurement of search warrant--Misdemeanor.
Any person who, maliciously and without probable cause, procures a search warrant to be issued and executed is guilty of a Class 1 misdemeanor.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12 - Abuse Of Judicial Process › Section 22-12-14 - Excessive or malicious exercise of authority in executing search warrant--Misdemeanor.

22-12-14. Excessive or malicious exercise of authority in executing search warrant--Misdemeanor.
Any law enforcement officer who, in executing a search warrant, intentionally exceeds his or her authority, or exercises such authority maliciously, is guilty of a Class 1 misdemeanor.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12 - Abuse Of Judicial Process › Section 22-12-15 - Delay in taking arrested person before magistrate--Misdemeanor.

22-12-15. Delay in taking arrested person before magistrate--Misdemeanor.
Any law enforcement officer or other person, who, having arrested a person on a criminal charge, intentionally delays taking that person before a committing magistrate for further proceedings, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1220; SDCL, §23-22-21; SL 1978, ch 185, §7; SL 2005, ch 120, §242.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-1 - Giving consideration for appointment to or performance of duties of public office--Misdemeanor.

22-12A-1. Giving consideration for appointment to or performance of duties of public office--Misdemeanor.
Any person who gives, or agrees or offers to give, any gratuity or reward in consideration that that person or any other person be appointed to any public office, or be permitted to exercise, perform, or discharge the prerogatives or duties of any public office, is guilty of a Class 1 misdemeanor.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-2 - Receiving consideration for appointment to or employment in public office--Misdemeanor.

22-12A-2. Receiving consideration for appointment to or employment in public office--Misdemeanor.
Any person who, directly or indirectly, asks or receives any consideration for appointing another person or procuring the employment of another person in any public office, or for permitting or agreeing to permit any other person to exercise any of the prerogatives or duties of a public office, is guilty of a Class 1 misdemeanor.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-3 - Unlawful appointments or employments void--Official acts not invalidated by subsequent conviction.

22-12A-3. Unlawful appointments or employments void--Official acts not invalidated by subsequent conviction.
Any appointment or employment to a public office made contrary to §22-12A-1 or 22-12A-2 is void. However, no official act performed prior to conviction of any offense prohibited by such sections is invalid.
Source:
SDC 1939, §13.1110; SDCL, §3-15-8; SL 1976, ch 158, §12A-3; SL 2005, ch 120, §331.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-4 - Bribery or unlawful influence of legislators--Felony.

22-12A-4. Bribery or unlawful influence of legislators--Felony.
Any person who gives, or offers to give, a bribe to any member of the Legislature, or attempts, directly or indirectly, by menace, deceit, suppression of truth, or any other corrupt means, to influence a member to give or to withhold the member's vote, or to not attend the legislative session, or any committee thereof, is guilty of a Class 4 felony.
Source:
SDC 1939, §13.1008; SDCL, §2-4-11; SL 1976, ch 158, §12A-4; SL 2005, ch 120, §332.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-5 - Solicitation of bribes by legislators--Felony.

22-12A-5. Solicitation of bribes by legislators--Felony.
Any member of the Legislature who asks, receives, or agrees to receive any bribe upon any understanding that the member's official vote, opinion, judgment, or action be influenced thereby, or who is given any bribe in any manner upon any particular side of any question or matter upon which the member may be required to act in an official capacity, is guilty of a Class 4 felony.
Source:
SDC 1939, §13.1009; SDCL, §2-4-12; SL 1976, ch 158, §12A-5; SL 2005, ch 120, §333.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-6 - Bribery of public officer--Felony.

22-12A-6. Bribery of public officer--Felony.
Any person who gives or offers a bribe to a public officer or employee with intent to influence the officer or employee in respect to any act, decision, vote, opinion, or other proceeding for which the officer or employee is responsible, is guilty of a Class 4 felony.
Source:
SDC 1939, §13.1107; SL 1953, ch 35, §1; SDCL, §3-15-4; SL 1976, ch 158, §12A-6; SL 2005, ch 120, §334.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-7 - Solicitation of bribe by public officer--Felony.

22-12A-7. Solicitation of bribe by public officer--Felony.
Any public officer or employee, who asks, receives, or agrees to receive a bribe upon an agreement or understanding that his or her vote, opinion, or action upon any matter then pending, or which may by law be brought before him or her in a public capacity, be influenced thereby, is guilty of a Class 4 felony.
Source:
SDC 1939, §§13.1108, 45.1509; SL 1953, ch 35, §2; SDCL, §§3-15-5, 9-14-38; SL 1976, ch 158, §12A-7; SL 2005, ch 120, §335.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-8 - Solicitation of unauthorized fee for doing official act--Misdemeanor.

22-12A-8. Solicitation of unauthorized fee for doing official act--Misdemeanor.
Any public officer or employee who asks or receives any fee or consideration for any official service which has not been rendered, except charges for prospective costs or fees demandable in advance, if allowed by law, or who asks or receives any emolument, gratuity, reward, or other consideration excepting as authorized by law, for doing any official act, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1111; SDCL, §3-15-9; SL 1976, ch 158, §12A-8; SL 2005, ch 120, §336.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-9 - Solicitation of compensation for omission of official duty.

22-12A-9. Solicitation of compensation for omission of official duty.
Any public officer or employee who asks or receives any emolument, gratuity, reward, or other consideration for omitting or deferring the performance of any official duty, is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1112; SDCL, §3-15-10; SL 1976, ch 158, §12A-9.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-10 - Forfeiture of public office for violation--Disqualification from holding other office.

22-12A-10. Forfeiture of public office for violation--Disqualification from holding other office.
The public office of any public officer or employee who is convicted of violating any provision contained in this chapter is forfeit. Moreover, such public officer or employee is forever disqualified from holding any public office in this state.
Source:
SL 1976, ch 158, §12A-10; SL 2005, ch 120, §337.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-11 - Bribery of judicial officer or juror--Felony--Forfeiture of office--Disqualification.

22-12A-11. Bribery of judicial officer or juror--Felony--Forfeiture of office--Disqualification.
Any person who:
(1)Gives or offers to give a bribe to any judicial officer or juror or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence that person's vote, opinion, or decision upon any matter or question which is or may be brought before that person for decision; or
(2)While acting as a judicial officer or juror, asks, receives or agrees to receive a bribe upon any agreement or understanding that that person's vote, opinion, or decision upon any matter or question which is or may be brought before that person for decision shall be influenced thereby,
is guilty of a Class 4 felony.
In addition, the office of any judicial officer convicted under subdivision (2) of this section is forfeit. Moreover, such judicial officer is forever disqualified from holding any public office under this state.
Source:
SDC 1939, §§13.1201 to 13.1203; SDCL, §§16-15-12 to 16-15-14; SL 1976, ch 158, §11-7; SL 2005, ch 120, §338.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-12 - Attempt to influence jurors, arbitrators, or referees--Felony.

22-12A-12. Attempt to influence jurors, arbitrators, or referees--Felony.
Any person who attempts to influence a juror, or any person summoned or drawn as a juror, or chosen an arbitrator or appointed a referee, in respect to any verdict or decision in any cause or matter pending, or about to be brought before such person:
(1)By means of any communication, oral or written, had with such person, except in the regular course of proceedings upon the trial of the cause;
(2)By means of any book, paper, or instrument exhibited otherwise than in the regular course of proceedings upon the trial of the cause; or
(3)By publishing any statement, argument, or observation relating to the cause;
is guilty of a Class 6 felony.
Source:
SDC 1939, §13.1207; SDCL, §16-15-10; SL 1976, ch 158, §11-11; SDCL, §22-11-16; SL 2005, ch 120, §§211, 217.