Title 22 — CRIMES

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.

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 in…

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-…

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 gu…

22-11-15 Threatening or intimidating judicial or ministerial officers or others. 22-11-15.1

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 .

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,…

July 1, 2006. 22-11-15.2 Repealed. 22-11-15.3 Threatening juror or juror's family--Violation as felony. 22-11-15.4

Source: SL 1985, ch 173 ; SL 2005, ch 120 , § 209; SL 2024, ch 82 , § 3.

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 . 22-11-15.4. Transferred to § 22-…

July 1, 2006. 22-11-15.5 Threatening law enforcement officer or family--Violation as felony--Provisions superseded. 22-11-15.6 Threatening law enforcement officer or family--Violation as misdemeanor--Provisions superseded. 22-11-15.7 Threatening person holding statewide office or…

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 serious bodily harm upon a law enfor…

Any person who, knowingly and intentionally, communicates any threat not subject to § 22-11-15.5 to take the life of or to inflict serious bodily harm upon a law enforcement officer of the state or a member of the officer's immediate family, is guilty of a Class 1 misdemeanor. Ho…

It is a Class 5 felony for a person to knowingly and intentionally communicate any written or electronic threat to take the life of or to inflict serious bodily harm upon: (1) Any current or former judicial officer as defined in § 22-11-14 ; (2) Any current or former person holdi…

It is a Class 1 misdemeanor for a person to knowingly and intentionally communicate any written or electronic threat to take the life of or to inflict serious bodily harm upon an elected officer, or the immediate family of an elected officer. The threat must relate to the elected…

July 1, 2006. 22-11-17

July 1, 2006. 22-11-18

July 1, 2006. 22-11-19 Tampering with a witness--Felony. 22-11-19.1

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…

July 1, 2006. 22-11-20 22-11-20 to 22-11-22. Transferred to §§ 22-12A-14 to 22-12A-16 by SL 2005, ch 120 , § 217, eff. July 1, 2006. 22-11-23 Falsification of public records--Misdemeanor. 22-11-23.1

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 p…

July 1, 2006. 22-11-23.2 Authorization of debtor required for filing of financing statement--Violation as misdemeanor. 22-11-24 Destruction or impairment of public record--Felony. 22-11-25 Unlawful retention of public record--Misdemeanor. 22-11-26 Forfeiture of public officer's o…

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.

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 emplo…

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 …

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 pub…

July 1, 2006. 22-11-28 Counterfeit lien as a misdemeanor--Second offense a felony. 22-11-28.1 Offering false or forged instrument for filing, registering, or recording--Felony. 22-11-29 Offers defined--Counterfeit lien defined. 22-11-30

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 felon…

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 State…

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 …

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…

July 1, 2006. 22-11-4 Resisting arrest--Misdemeanor. 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. 22-11-6 Obstructing law enforcem…

July 1, 2006. 22-11-31 Harassment by threat of fraudulent legal proceedings or liens prohibited--Misdemeanor--Subsequent violation felony. 22-11-32 Harass defined--Course of conduct defined. 22-11-33

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, dir…

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 patter…

July 1, 2006. 22-11-34

July 1, 2006. 22-11-35

July 1, 2006. 22-11-36 Killing, injury, or interference with a law enforcement support animal prohibited--Felony or misdemeanor. 22-11-37 Failure to notify law enforcement that child is missing--Misdemeanor. 22-11-38 Failure to notify law enforcement of death of child--Felony. 22…

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 pers…

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.

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 …

Any person who, through use of force or threat of force, intentionally disarms or attempts to disarm a law enforcement officer, while the officer is engaged in the performance of the officer's duties, without the officer's consent, is guilty of a Class 4 felony. For the purposes …

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 oth…

No person may publish, by electronic means, the home address, date of birth, or social security number of a judicial officer or law enforcement officer: (1) Without the officer's consent; and (2) With the intent to place the officer or the officer's immediate family in reasonable…

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 wa…

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 enforce…

July 1, 2006. 22-11-7 Illegality of officer, firefighter, or emergency medical technician acts no defense if under color of authority. 22-11-8

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 a…

July 1, 2006. 22-11-9 False reporting to authorities--Misdemeanor. 22-11-9.1 False fire alarm causing serious bodily injury or death--Felony. 22-11-9.2 Falsely reporting a threat--Felony--Restitution--Minor to perform public service. 22-11-10 Compounding a felony or 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…