Contact by telephone or other device--Threatening, harassing, or misleading contacts--Penalty

SDCL § 49-31-31 — under TELECOMMUNICATIONS SERVICES.

SDCL § 49-31-31

It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes: (1) To contact another person with intent to terrorize, intimidate, threaten, harass, or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act; (2) To contact another person with intent to threaten to inflict physical harm or injury to any person or property; (3) To contact another person with intent to extort money or other things of value; (4) To contact another person with intent to disturb that person by repeated anonymous telephone calls or intentionally failing to replace the receiver or disengage the telephone connection; or (5) Except as allowed in § 49-31-31.2 , to contact or to attempt to contact another person and, in so doing, intentionally cause to be displayed as caller identification, a fictitious or misleading name or telephone number: (a) To defraud, cause harm, or wrongfully obtain anything of value from another person; or (b) Of another person who has not granted the person the right to display that other person's name or phone number, as applicable. It is a Class 1 misdemeanor for a person to knowingly permit a telephone or other electronic communication device under his or her control to be used for a purpose prohibited by this section. Source: SL 1967, ch 30 , § 1; SL 1983, ch 15 , § 121; SL 2008, ch 240 , § 1; SL 2011, ch 206 , § 1; SL 2022, ch 170 , § 1.