reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-13 - Agreement to give particular effect.

22-12A-13. Agreement to give particular verdict.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-14 - Solicitations and agreements by witnesses--Felony.

22-12A-14. Solicitations and agreements by witnesses--Felony.
Any person who, as a witness or prospective witness in an official proceeding, knowingly solicits, accepts, or agrees to accept any benefit upon the representation or understanding that such person will do any thing described in subdivisions 22-11-19(1) to (4), inclusive, is guilty of a Class 6 felony.
Source:
SL 1976, ch 158, §11-15; SDCL, §22-11-20; SL 2005, ch 120, §§215, 217.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-15 - Offer of forged or fraudulent evidence--Felony.

22-12A-15. Offer of forged or fraudulent evidence--Felony.
Any person who, in any trial, proceeding, inquiry, or investigation authorized by law, offers in evidence as genuine, any book, paper, document, record, or other instrument in writing, knowing that it has been forged or fraudulently altered, is guilty of a Class 5 felony.
Source:
SL 1939, §13.1244; SDCL, §22-39-30; SL 1976, ch 158, §11-16; SDCL, §22-11-21; SL 2005, ch 120, §§216, 217.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-16 - Falsification of evidence.

22-12A-16. Falsification of evidence.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-17 - Fraudulent alteration of bill or resolution as felony.

22-12A-17. Fraudulent alteration of bill or resolution as felony.
Any person who fraudulently alters the draft of any bill or resolution which has been presented to either house of the Legislature to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of a Class 6 felony.
Source:
SDC 1939, §13.1006; SL 1980, ch 24, §24; SL 1985, ch 17, §10; SDCL, §2-7-16; SL 2005, ch 120, §427.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 12A - Improprieties And Bribery In Public Office › Section 22-12A-18 - Fraudulent alteration of bill after passage as felony.

22-12A-18. Fraudulent alteration of bill after passage as felony.
Any person who fraudulently alters a bill which has been passed by the Legislature of this state, with intent to have it approved by the Governor, certified by the secretary of state, or printed or published by the printer of the statutes, in language different from that in which it was passed by the Legislature, is guilty of a Class 6 felony.
Source:
SDC 1939, §13.1007; SL 1979, ch 15, §7; SDCL, §2-7-21; SL 2005, ch 120, §§427, 428; SL 2006, ch 130, §5.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 13 - Breach Of The Peace › Section 22-13-17 - Picketing of funeral services prohibited--Violation as misdemeanor.

22-13-17. Picketing of funeral services prohibited--Violation as misdemeanor.
No person may engage in any act of picketing at any funeral service during the period from one hour before the scheduled commencement of the funeral services until one hour after the actual completion of the funeral services.
Any violation of this section is a Class 2 misdemeanor. Each day on which a person violates this section constitutes a separate offense.
Source:
SL 2006, ch 118, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 13 - Breach Of The Peace › Section 22-13-18 - Injunction, damages award, or other relief for repeated violations.

22-13-18. Injunction, damages award, or other relief for repeated violations.
Notwithstanding the criminal penalties provided in §22-13-17, the circuit court may enjoin conduct proscribed by §22-13-17 and may in any such proceeding award damages, including attorney fees, or other appropriate relief against any person who is repeatedly found guilty under §§22-13-17 to 22-13-20, inclusive.
Source:
SL 2006, ch 118, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 13 - Breach Of The Peace › Section 22-13-19 - Picketing defined.

22-13-19. Picketing defined.
For the purpose of §§22-13-17 to 22-13-20, inclusive, the term, picketing, means protest activities engaged in by any person stationed within one thousand feet of a funeral service within one hour prior to, during, and one hour following the commencement of any funeral service.
Source:
SL 2006, ch 118, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 13 - Breach Of The Peace › Section 22-13-20 - Funeral services defined.

22-13-20. Funeral services defined.
For the purposes of §§22-13-17 to 22-13-20, inclusive, funeral services are any ceremony, procession, or memorial held in connection with the burial or cremation of a deceased person.
Source:
SL 2006, ch 118, §4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-5 - Possession of firearm with altered serial number--Felony--Exception.

22-14-5. Possession of firearm with altered serial number--Felony--Exception.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-6 - Possession of controlled weapon--Felony--Exceptions.

22-14-6. Possession of controlled weapon--Felony--Exceptions.
Any person who knowingly possesses a controlled weapon is guilty of a Class 6 felony. However, the provisions of this section do not apply to any person who:
(1)Is a law enforcement officer or member of the armed forces of the United States or South Dakota National Guard acting in the lawful discharge of duties;
(2)Has a valid state or federal license issued pursuant to law for such weapon or has registered such weapon with the proper state or federal authority pursuant to law;
(3)Possesses a controlled weapon briefly after having found it or taken it from an offender; or
(4)Possesses a controlled weapon, except a machine gun or short shotgun, under circumstances which negate any purpose or likelihood that the weapon would be used unlawfully.
Source:
SL 1976, ch 158, §14-2; SL 1977, ch 189, §27; SL 2005, ch 120, §244.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-7 - Reckless discharge of firearm or shooting of bow and arrow--Leaving trip device--Possession of loaded firearm while intoxicated--Misdemeanor.

22-14-7. Reckless discharge of firearm or shooting of bow and arrow--Leaving trip device--Possession of loaded firearm while intoxicated--Misdemeanor.
Any person who:
(1)Recklessly discharges a firearm or recklessly shoots a bow and arrow;
(2)Sets a device designed to activate a weapon upon being tripped or approached, and leaves the device unmarked or unattended by a competent person; or
(3)Has in personal possession a loaded firearm while intoxicated;
is guilty of a Class 1 misdemeanor.
Source:
SL 1976, ch 158, §14-3; SL 2005, ch 120, §245.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-8 - Concealment of weapon with intent to commit felony--Felony.

22-14-8. Concealment of weapon with intent to commit felony--Felony.
Any person who conceals on or about his or her person a controlled or dangerous weapon with intent to commit a felony is guilty of a Class 5 felony.
Source:
SL 1976, ch 158, §14-5; SL 1977, ch 189, §28; SL 2005, ch 120, §246.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-12 - Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence.

22-14-12. Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence.
Any person who commits or attempts to commit any felony while armed with a firearm, including a machine gun or short shotgun, is guilty of a Class 2 felony for the first conviction. A second or subsequent conviction is a Class 1 felony. The sentence imposed for a first conviction under this section shall carry a minimum sentence of imprisonment in a state correctional facility of five years. In case of a second or subsequent conviction under this section such person shall be sentenced to a minimum imprisonment of ten years in a state correctional facility.
Any sentence imposed under this section shall be consecutive to any other sentences imposed for a violation of the principal felony. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section.
Source: SDC 1939, §21.9902; SDCL, §23-7-37; SL 1976, ch 158, §14-8; SL 1977, ch 189, §32; SL 1985, ch 192, §48; SL 2005, ch 120, §252; SL 2023, ch 82, §12.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-14 - Armed felony to be charged separately from principal felony charge--No offense charged when dangerous weapon an element of principal felony.

22-14-14. Armed felony to be charged separately from principal felony charge--No offense charged when dangerous weapon an element of principal felony.
A violation of §22-14-12 shall be charged in the indictment or information as a separate count in addition to the principal felony or attempted felony alleged to have been committed. No offense may be charged under those sections if the use of a dangerous weapon is a necessary element of the principal felony alleged to have been committed or attempted.
Source:
SL 1976, ch 158, §14-8; SL 2005, ch 120, §254.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-15 - Possession of firearm by one with prior violent crime conviction or certain drug-related conviction--Felony--Fifteen-year period.

22-14-15. Possession of firearm by one with prior violent crime conviction or certain drug-related conviction--Felony--Fifteen-year period.
No person who has been convicted in this state or elsewhere of a crime of violence or a felony pursuant to §22-42-2, 22-42-3, 22-42-4, 22-42-7, 22-42-8, 22-42-9, 22-42-10 or 22-42-19, may possess or have control of a firearm. A violation of this section is a Class 6 felony. The provisions of this section do not apply to any person who was last discharged from prison, jail, probation, or parole more than fifteen years prior to the commission of the principal offense.
Source:
SL 1976, ch 158, §14-9; SL 1977, ch 189, §34; SL 1998, ch 130, §1; SL 2005, ch 120, §255.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-15.1 - Possession of firearm by one with prior drug conviction--Felony--Exception.

22-14-15.1. Possession of firearm by one with prior drug conviction--Felony--Exception.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-15.2 - Possession of firearm by one convicted of misdemeanor crime involving domestic violence--Misdemeanor--Civil rights restored--Repeal of section--Order restoring rights.

22-14-15.2. Possession of firearm by one convicted of misdemeanor crime involving domestic violence--Misdemeanor--Civil rights restored--Repeal of section--Order restoring rights.
No person who has been convicted of any misdemeanor crime involving an act of domestic violence may possess or have control of a firearm for a period of one year from the date of conviction. Any violation of this section is a Class 1 misdemeanor. At the end of the one-year period, any civil rights lost as a result of this provision shall be restored. Any person who has lost their right to possess or have control of a firearm as a result of a misdemeanor conviction involving an act of domestic violence, prior to July1, 2005, shall be restored to those civil rights one year after July1, 2005. This section shall be repealed on the date when any federal law restricting the right to possess firearms for misdemeanor domestic violence convictions is repealed.
Once eligible under the statute, a person convicted under this section may petition the convicting court for an order reflecting the restoration of any firearm rights lost, if the person has not been convicted within the prior year of a crime for which firearm rights have been lost. A petition filed under this section shall be verified by the petitioner and served upon the states attorney in the county where the conviction occurred. Thirty days after service upon the states attorney, the court shall enter the order, if the court finds that the petitioner is eligible for relief under this section.
Source: SL 2005, ch 120, §269.
Commission Note: This section is repealed under its own terms on the date when any federal law restricting the right to possess firearms for misdemeanor domestic violence convictions is repealed.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-15.3 - Firearm defined for §§22-14-15 and .1.

22-14-15.3. Firearm defined for §§22-14-15 and 22-14-15.1.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-16 - Providing firearm to person with known prior violent crime conviction--Felony.

22-14-16. Providing firearm to person with known prior violent crime conviction--Felony.
Any person who knows that another person is prohibited by §22-14-15 or 22-14-15.1 from possessing a firearm, and who knowingly gives, loans, or sells a firearm to that person is guilty of a Class 6 felony.
Source:
SL 1972, ch 144, §4; SDCL Supp, §23-7-3.1; SL 1976, ch 158, §14-10; SL 1977, ch 189, §35; SL 2005, ch 120, §256.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-17 - Firearms incapable of discharge exempt.

22-14-17. Firearms incapable of discharge exempt.
The provisions of this chapter do not apply to any firearm which has been permanently altered so it is incapable of being discharged.
Source:
SL 1976, ch 158, §14-11; SL 1985, ch 190, §6; SL 1998, ch 131, §1; SL 2005, ch 120, §257.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-20 - Discharge of firearm at occupied structure or motor vehicle--Felony.

22-14-20. Discharge of firearm at occupied structure or motor vehicle--Felony.
Any person who willfully, knowingly, and illegally discharges a firearm at an occupied structure or motor vehicle is guilty of a Class 3 felony.
Source:
SL 1992, ch 160, §1; SL 2005, ch 120, §259.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-21 - Discharge of firearm from moving motor vehicle within municipality--Felony.

22-14-21. Discharge of firearm from moving motor vehicle within municipality--Felony.
Any person who willfully, knowingly, and illegally discharges a firearm from a moving motor vehicle within the incorporated limits of a municipality under circumstances not constituting a violation of §22-14-20 is guilty of a Class 6 felony.
Source:
SL 1992, ch 160, §2; SL 2005, ch 120, §260.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-22 - County courthouse and state capitol defined.

22-14-22. County courthouse and state capitol defined.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-23 - Possession in county courthouse or state capitol--Misdemeanor.

22-14-23. Possession in county courthouse or state capitol--Misdemeanor.
Except as provided in §22-14-24, any person who knowingly possesses or causes to be present any firearm or other dangerous weapon, in any county courthouse or in the state capitol, or attempts to do so, is guilty of a Class 1 misdemeanor.
Source:
SL 1993, ch 173, §2; SL 2005, ch 120, §262; SL 2019, ch 106, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-24 - Possession in a county courthouse or state capitol--Exceptions from penalty.

22-14-24. Possession in a county courthouse or state capitol--Exceptions from penalty.
The provisions of §22-14-23 do not apply to:
(1)The lawful performance of official duties by an officer, agent, or employee of the United States, the state, political subdivision thereof, or a municipality, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law or who is an officer of the court;
(2)The possession of a firearm or other dangerous weapon by a judge or magistrate;
(3)The possession of a firearm or other dangerous weapon by a federal or state official or by a member of the armed services, if such possession is authorized by law;
(4)The possession of a concealed pistol in the state capitol by a qualified law enforcement officer or a qualified retired law enforcement officer in accordance with the Law Enforcement Officers Safety Act of 2004, 18 U.S.C. §926B-C;
(5)The possession of a concealed pistol anywhere in the state capitol, other than in the Supreme Court chamber or other access-controlled private office under the supervision of security personnel, by any person not otherwise referenced in this section, provided:
(a)The person possessing the concealed pistol holds an enhanced permit issued in accordance with §23-7-53;
(b)At least twenty-four hours prior to initially entering the state capitol with a concealed pistol, the person notifies the superintendent of the Division of Highway Patrol, orally or in writing, that the person intends to possess a concealed pistol in the state capitol; and
(c)The notification required under this subdivision:
(i)Includes the date on which or the range of dates during which the person intends to possess a concealed pistol in the state capitol, provided the range of dates may not extend beyond December thirty-first of each year; and
(ii)May be renewed, as necessary and without limit;
(6)The possession of a firearm or other dangerous weapon in a county courthouse by any person who is employed by the county or the state and assigned to work in the county courthouse, provided the person is not an inmate, and other than in any area in use under the supervision of the Unified Judicial System or employees of the Unified Judicial System; and
(7)The lawful carrying of a firearm or other dangerous weapon in a county courthouse incident to a hunter safety or a gun safety course or for any other lawful purposes.
Source:
SL 1993, ch 173, § 3; SL 2019, ch 106, § 3; SL 2020, ch 80, § 1; SL 2020, ch 81, § 1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-25 - Power of court to punish for contempt and to promulgate rules.

22-14-25. Power of court to punish for contempt and to promulgate rules.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-26 - Notice to be posted at county courthouse and state capitol.

22-14-26. Notice to be posted at county courthouse and state capitol.
Notice of the provisions of §22-14-23 shall be posted conspicuously at each public entrance to a county courthouse and the state capitol.
Source:
SL 1993, ch 173, §5; SL 2005, ch 120, §264; SL 2019, ch 106, §5.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-27 - Concealed pistol permit not a defense.

22-14-27. Concealed pistol permit not a defense.
A defendant to a prosecution under §22-14-23 may not claim as a defense that the defendant was the holder of a permit to carry a concealed pistol issued under chapter 23-7.
Source:
SL 1993, ch 173, §6; SL 2019, ch 113, §5.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14 - Unlawful Use Of Weapons › Section 22-14-28 - Waiver of provisions.

22-14-28. Waiver of provisions.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-4 - Sale, transportation, or possession of destructive device--Felony.

22-14A-4. Sale, transportation, or possession of destructive device--Felony.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-5 - Carrying or placing explosive or device on vehicle or in baggage--Felony.

22-14A-5. Carrying or placing explosive or device on vehicle or in baggage--Felony.
Any person who, with intent to injure or to threaten to injure any person or property:
(1)Carries any explosive or destructive device on any vessel, aircraft, motor vehicle, or other vehicle that transports passengers for hire;
(2)Places or carries any explosive or destructive device, while on board any such vessel, aircraft, motor vehicle, or other vehicle, in any hand baggage, roll, or other container with intent to conceal the explosive or destructive device;
(3)Places any explosive or destructive device in any baggage which is later checked with any common carrier;
is guilty of a Class 2 felony.
Source:
SL 1972, ch 140, §3; SL 1976, ch 158, §14A-2; SL 2005, ch 120, §271.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-6 - Possession of explosive or device with intent to injure, intimidate, or destroy property--Felony.

22-14A-6. Possession of explosive or device with intent to injure, intimidate, or destroy property--Felony.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-11 - Intentional use of device or explosive to cause serious bodily injury--Felony.

22-14A-11. Intentional use of device or explosive to cause serious bodily injury--Felony.
Any person who explodes or ignites any destructive device or explosive with intent to cause serious bodily injury and which results in serious bodily injury is guilty of a Class 2 felony.
Source:
SL 1972, ch 140, §§7 to 9; SDCL Supp, §§22-14A-9, 22-14A-10; SL 1976, ch 158, §14A-5; SL 2005, ch 120, §273.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-13 - Unauthorized possession of substances with intent to make destructive device as felony.

22-14A-13. Unauthorized possession of substances with intent to make destructive device as felony.
Any person who possesses any substance, material, or any combination of substances or materials, with the intent to make a destructive device without first obtaining a permit from the Department of Public Safety to make such device, is guilty of a Class 5 felony.
Source:
SL 1972, ch 140, §11; SL 1976, ch 158, §14A-6; SL 1977, ch 189, §39.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-16 - Armed forces, national guard, law enforcement agencies, and licensed sellers or users of explosives and destructive devices exempt.

22-14A-16. Armed forces, national guard, law enforcement agencies, and licensed sellers or users of explosives and destructive devices exempt.
The provisions of this chapter do not apply to the armed forces of the United States, the National Guard, any law enforcement agency or any officer, agent, employee, or member thereof, acting in a lawful capacity, and any person possessing a valid seller's permit or user's permit from the United States federal government for explosive and destructive devices.
Source: SL 1972, ch 140, §22; SL 1976, ch 159; SL 2005, ch 120, §274.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-18 - Use of explosive or device to destroy another's property--Felony.

22-14A-18. Use of explosive or device to destroy another's property--Felony.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-19 - Use of explosive or device to endanger human life or safety--Felony.

22-14A-19. Use of explosive or device to endanger human life or safety--Felony.
Any person who intentionally, by the use of an explosive or destructive device, destroys or injures any occupied or unoccupied structure, motor vehicle, street, highway, railway, bridge, dam, dike, or other structure, by means of which the life or safety of any human being is endangered, is guilty of a Class 3 felony.
Source:
SDC 1939, §13.1604; SDCL, §22-34-23; SL 1972, ch 140, §16; SL 1976, ch 158, §14A-11; SL 2005, ch 120, §276.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-20 - Placement of explosive or device as to endanger human life or safety--Felony.

22-14A-20. Placement of explosive or device as to endanger human life or safety--Felony.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-21 - Possession of registered or licensed destructive devices permitted.

22-14A-21. Possession of registered or licensed destructive devices permitted.
Any person may possess destructive devices that are registered with, or licensed by, the state or federal government pursuant to law.
Source:
SL 1976, ch 158, §14A-13; SL 1977, ch 189, §40.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-23 - Use of or placing hazardous or injurious devices on public land--Misdemeanor--Hazardous or injurious device defined.

22-14A-23. Use of or placing hazardous or injurious devices on public land--Misdemeanor--Hazardous or injurious device defined.
No person may, with the intent to cause bodily injury to another person, use or place a hazardous or injurious device on any land owned or leased by the State of South Dakota, including any highway, road, or right-of-way. A violation of this section is a Class 1 misdemeanor.
For the purposes of this section, the term, a hazardous or injurious device, means any device, which when assembled or placed, is capable of causing bodily injury, or damage to property, by the action of any person making contact with such device subsequent to the assembly or placement. The term includes guns attached to trip wires or other triggering mechanisms, ammunition attached to trip wires or other triggering mechanisms, or explosive devices attached to trip wires or other triggering mechanisms, sharpened stakes, lines or wires, lines or wires with hooks attached, nails, or other such devices placed so that the sharpened ends are positioned in an upright manner, or tree spiking devices including spikes, nails, or other objects hammered, driven, fastened, or otherwise placed into or on any timber, whether or not severed from the stump. However, the term does not include puncture strips placed by law enforcement officers in an immediate attempt to stop a fleeing vehicle.
Source:
SL 2000, ch 96, §§1, 2; SL 2005, ch 120, §280.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-24 - Use of substance or device to communicate felonious threat--Felony.

22-14A-24. Use of substance or device to communicate felonious threat--Felony.
Any person who intentionally communicates a threat by leaving a substance or device, thereby causing either serious public inconvenience, or the evacuation or serious disruption of a building, place of assembly, facility of public or school transport, or a school related event, is guilty of communicating a felonious threat. For the purposes of this section, a substance or device includes any actual or apparently dangerous weapon, destructive device, dangerous chemical, biological agent, poison, or harmful radioactive substance. A violation of this section is a Class 4 felony.
Source:
SL 2002, ch 105, §1; SL 2005, ch 120, §281.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-25 - Use of hoax substance or device to cause fear--Felony.

22-14A-25. Use of hoax substance or device to cause fear--Felony.
Any person who intentionally possesses, transports, uses, or places any hoax substance or hoax destructive device with the intent of causing anxiety, unrest, fear, or personal discomfort is guilty of a Class 6 felony. A hoax substance is any substance that would cause a person to reasonably believe that it is a dangerous chemical or biological agent, a poison, a harmful radioactive substance, or a similar substance. A hoax destructive device is any device that would cause a person to reasonably believe that it is a dangerous explosive or incendiary device or a similar destructive device.
Source:
SL 2002, ch 105, §2; SL 2005, ch 120, §282.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-26 - Persons convicted of certain crimes may be ordered to make restitution.

22-14A-26. Persons convicted of certain crimes may be ordered to make restitution.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 14A - Explosives And Destructive Devices › Section 22-14A-27 - No cause of action against good faith response to felonious threat.

22-14A-27. No cause of action against good faith response to felonious threat.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-1 - Homicide defined.

22-16-1. Homicide defined.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-1.1 - Fetal homicide--Felony--Application.

22-16-1.1. Fetal homicide--Felony--Application.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-2 - Corpus delicti--Proof beyond reasonable doubt.

22-16-2. Corpus delicti--Proof beyond reasonable doubt.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-3 - Relationship between accused and victim bearing on degree of homicide.

22-16-3. Relationship between accused and victim bearing on degree of homicide.
If the degree of homicide is made to depend upon its having been committed under circumstances evidencing a depraved mind or unusual cruelty, or in a cruel manner, the jury may take into consideration any domestic or confidential relationship which existed between the accused and the person killed.
Source:
SDC 1939, §13.2005; SL 1976, ch 158, §16-1; SL 2005, ch 120, §153.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-4 - Homicide as murder in the first degree.

22-16-4. Homicide as murder in the first degree.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-5 - Premeditated design to effect the death defined.

22-16-5. Premeditated design to effect the death defined.
The term, premeditated design to effect the death, means an intention, purpose, or determination to kill or take the life of the person killed, distinctly formed and existing in the mind of the perpetrator before committing the act resulting in the death of the person killed. A premeditated design to effect death sufficient to constitute murder may be formed instantly before committing the act.
Source:
SDC 1939, §13.2008; SL 1978, ch 158, §8; SL 2005, ch 120, §155.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-6 - Anger or voluntary intoxication not reducing degree of crime.

22-16-6. Anger or voluntary intoxication not reducing degree of crime.
Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time.
Source:
SDC 1939, §13.2009.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-7 - Homicide as murder in the second degree.

22-16-7. Homicide as murder in the second degree.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-8 - Lack of intent to injure not reducing degree of crime.

22-16-8. Lack of intent to injure not reducing degree of crime.
Homicide perpetrated by an act imminently dangerous to others and evincing a depraved mind, without regard for human life, is not the less murder because there was no actual intent to injure others.
Source:
SDC 1939, §13.2007 (4); SL 2005, ch 120, §157.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-12 - Classification of murder.

22-16-12. Classification of murder.
Murder in the first degree is a Class A felony. Murder in the second degree is a Class B felony.
Source:
SDC 1939, §13.2012; SL 1939, ch 30; SL 1955, ch 28; SL 1976, ch 158, §16-2; SL 1978, ch 349, §9; SL 1980, ch 173, §12.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-15 - Homicide as manslaughter in first degree--Felony.

22-16-15. Homicide as manslaughter in first degree--Felony.
Homicide is manslaughter in the first degree if perpetrated:
(1)Without any design to effect death, including an unborn child, while engaged in the commission of any felony other than as provided in §22-16-4(2);
(2)Without any design to effect death, including an unborn child, and in a heat of passion, but in a cruel and unusual manner;
(3)Without any design to effect death, including an unborn child, but by means of a dangerous weapon;
(4)Unnecessarily, either while resisting an attempt by the person killed to commit a crime or after such attempt has failed.
Manslaughter in the first degree is a Class C felony.
Source:
SDC 1939, §§13.2013, 13.2015; SDCL, §§22-16-16, 22-16-17, 22-16-19; SL 1976, ch 158, §16-3; SL 1977, ch 189, §41; SL 1995, ch 122, §11; SL 2005, ch 120, §160.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-20 - Manslaughter in the second degree.

22-16-20. Manslaughter in the second degree.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-20.1 - Lesser included offenses.

22-16-20.1. Lesser included offenses.
Murder in the second degree is a lesser included offense of murder in the first degree. Manslaughter in the first degree is a lesser included offense of murder in the first degree and murder in the second degree. Manslaughter in the second degree is a lesser included offense of murder in the first degree, murder in the second degree, and manslaughter in the first degree.
Source:
SL 2005, ch 120, §436.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-20.2 - Lesser included offense instruction.

22-16-20.2. Lesser included offense instruction.
A lesser included offense instruction shall be given at any homicide trial whenever any facts are submitted to the trier of fact which would support such an offense pursuant to this chapter. The state and the defendant each have the separate right to request a lesser included offense instruction. The failure to request a lesser included offense instruction constitutes a waiver of the right to such an instruction.
Source:
SL 2005, ch 120, §437.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-30 - Excusable homicide--Lawful acts.

22-16-30. Excusable homicide--Lawful acts.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-31 - Excusable homicide--Heat of passion--Provocation--Sudden combat--Limitations.

22-16-31. Excusable homicide--Heat of passion--Provocation--Sudden combat--Limitations.
Homicide is excusable if committed by accident and misfortune in the heat of passion, upon sudden and sufficient provocation, or upon a sudden combat. However, to be excusable, no undue advantage may be taken nor any dangerous weapon used and the killing may not be done in a cruel or unusual manner.
Source:
SDC 1939, §13.2002 (2); SL 2005, ch 120, §162.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-32 - Justifiable homicide-Law enforcement officers or at command of officer--Overcoming resistance--Capturing or arresting fleeing felons.

22-16-32. Justifiable homicide-Law enforcement officers or at command of officer--Overcoming resistance--Capturing or arresting fleeing felons.
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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-33 - Justifiable homicide--Apprehending felon--Suppressing riot--Preserving peace.

22-16-33. Justifiable homicide--Apprehending felon--Suppressing riot--Preserving peace.
Homicide is justifiable if necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace.
Source:
SDC 1939, §13.2003 (3); SL 2005, ch 120, §164.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-37 - Aiding and abetting suicide--Felony.

22-16-37. Aiding and abetting suicide--Felony.
Any person who intentionally in any manner advises, encourages, abets, or assists another person in taking or in attempting to take his or her own life is guilty of a Class 6 felony.
Source:
SDC 1939, §§13.1902, 13.1903; SDCL, §22-16-38; SL 1968, ch 31, §1; SL 1976, ch 158, §16-7; SL 2005, ch 120, §167.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 16 - Homicide And Suicide › Section 22-16-39 - Incapability of suicide no defense.

22-16-39. Incapability of suicide no defense.
It is no defense to a prosecution for aiding suicide that the person who committed or attempted to commit suicide was not a person deemed capable of committing crime.
Source:
SDC 1939, §13.1903 as enacted by SL 1968, ch 31, §1.