S.D. Codified Laws § 22-19A-1

Current through the 2024 Legislative Session

Section 22-19A-1 - Stalking-Violation as misdemeanor-Second or subsequent offense a felony

No person may:

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

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

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

A violation of this section constitutes the crime of stalking. Stalking is a Class 1 misdemeanor. However, any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of this section and occurring within ten years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a second or subsequent offense.

SDCL 22-19A-1

SL 1992, ch 162, § 1; SL 1993, ch 176, § 1; SL 1997, ch 132, § 1; SL 2001, ch 112, §1; SL 2002, ch 109, §5; SL 2006, ch 120, §1; SL 2020, ch 83, § 1.

Amended by S.L. 2020, ch. 83,s. 1, eff. 7/1/2020.