62 chapters · 771 sections in this title.
SDCL § 22-18-1 Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states
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A person is guilty of simple assault, a Class 1 misdemeanor, if the person: (1) Attempts to cause bodily injury to another and has the actual ability to cause the injury; (2) Recklessly causes bodily injury to another; (3) Negligently causes bodily injury to another with a danger…
SDCL § 22-18-1.05 Simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer
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Simple assault, as provided in § 22-18-1 , if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occur…
SDCL § 22-18-1.1 Aggravated assault--Felony
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Any person who: (1) Attempts to cause serious bodily injury to another, or causes such injury, under circumstances manifesting extreme indifference to the value of human life; (2) Attempts to cause, or knowingly causes, bodily injury to another with a dangerous weapon; (3) Delete…
SDCL § 22-18-1.2 Criminal battery of an unborn child--Misdemeanor
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Any person who assaults a pregnant woman and inflicts bodily injury on an unborn child who is subsequently born alive is guilty of criminal battery of an unborn child. Criminal battery of an unborn child is a Class 1 misdemeanor. For the purposes of this section, the term, bodily…
SDCL § 22-18-1.3 Aggravated criminal battery of an unborn child--Felony
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Any person who assaults a pregnant woman and inflicts serious bodily injury on an unborn child who is subsequently born alive is guilty of aggravated criminal battery of an unborn child. Aggravated criminal battery of an unborn child is a Class 3 felony. Source: SL 1995, ch 122 ,…
SDCL § 22-18-1.4 Aggravated battery of an infant--Felony
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Any person who intentionally or recklessly causes serious bodily injury to an infant, less than three years old, by causing any intracranial or intraocular bleeding, or swelling of or damage to the brain, whether caused by blows, shaking, or causing the infant's head to impact wi…
SDCL § 22-18-1.5 Assaults with intent to cause serious permanent disfigurement--Felony
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Any person, who assaults another with the intent to cause serious permanent disfigurement and causes serious permanent disfigurement, is guilty of a Class 2 felony. Assault with intent to cause serious permanent disfigurement as set forth in this section may be charged in the alt…
SDCL § 22-18-2 Justifiable force used by public officer in performance of duty--Assistance or direction of officer
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To use or attempt to use or offer to use force or violence upon or toward the person of another is not unlawful if necessarily committed by a public officer in the performance of any legal duty or by any other person assisting the public officer or acting by the public officer's …
SDCL § 22-18-26 Assault by convicted or incarcerated person under Department of Corrections jurisdiction--Intentionally causing contact with bodily fluids or human waste--Felony
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Any convicted person or any incarcerated person under the jurisdiction of the Department of Corrections who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a Department of Correc…
SDCL § 22-18-26.1 Intentionally causing contact with bodily fluids or human waste--Assault upon any other person--Misdemeanor
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Any person who, with the intent to assault, throws, smears, spits, or causes human blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with any other person, is guilty of a Class 1 misdemeanor. Source: SL 2002, ch 107 , § 1; SL 2003, ch 124 , §…
SDCL § 22-18-26.2 Intentionally causing contact with bodily fluids or human waste--Unified Judicial System employee--Felony
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Any person under probationary supervision of the Unified Judicial System who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a Unified Judicial System employee during the perform…
SDCL § 22-18-29 Assault by adult prisoner in county or municipal jail--Intentionally causing contact with bodily fluids or human waste--Felony
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Any adult confined in a county or municipal jail who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to come in contact with a county or municipal jail employee, or visitor, or other person authorized b…
SDCL § 22-18-29.1 Assault by juvenile confined in detention facility or juvenile corrections facility--Intentionally causing contact with bodily fluids or human waste--Felony
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Any juvenile confined in a juvenile detention facility or a juvenile corrections facility established and maintained in accordance with § 26-11A-1 who intentionally throws, smears, spits, or otherwise causes blood, vomit, saliva, mucus, semen, excrement, urine, or human waste to …
SDCL § 22-18-3 Lawful force in arrest and delivery of felon
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To use or attempt to use or offer to use force or violence upon or toward the person of another is not unlawful if necessarily committed by any person in arresting someone who has committed any felony or in delivering that person to a public officer competent to receive him or he…
SDCL § 22-18-3.1 Definitions
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Terms used in §§ 22-18-4 to 22-18-4 .9, inclusive, mean: (1) "Deadly force," force that is likely to cause death or great bodily harm; (2) "Dwelling," a building or structure of any kind, whether temporary or permanent, that is designed to be occupied by people lodging therein at…
SDCL § 22-18-30 Third or subsequent offense--Offense in another state
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Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would constitute a violation of simple assault under § 22-18-1 , aggravated assault under § 22-18-1 .1, assault under § 22-18-26 , intentional contact with bodily fluids under…
SDCL § 22-18-32 Definition of terms
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Terms used in §§ 22-18-31 to 22-18-34 , inclusive, mean: (1) "HIV," the human immunodeficiency virus or any other identified causative agent of acquired immunodeficiency syndrome; (2) "Intimate physical contact," bodily contact which exposes a person to the body fluid of the infe…
SDCL § 22-18-33 Informed consent of person exposed to HIV an affirmative defense
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It is an affirmative defense to prosecution pursuant to § 22-18-31 , if it is proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected person was infected with HIV, knew that the action could result in infection with HIV, and gave advance c…
SDCL § 22-18-34 Actual transmission of HIV not required for criminal exposure
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Nothing in §§ 22-18-31 to 22-18-34 , inclusive, may be construed to require the actual transmission of HIV in order for a person to have committed the offense of criminal exposure to HIV. Source: SL 2000, ch 99 , § 4.
SDCL § 22-18-35 Disorderly conduct--Misdemeanor
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Any person who intentionally causes serious public inconvenience, annoyance, or alarm to any other person, or creates a risk thereof by: (1) Engaging in fighting or in violent or threatening behavior; (2) Making unreasonable noise; (3) Disturbing any lawful assembly or meeting of…
SDCL § 22-18-36 Vehicular battery
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Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by § 32-23-1 , without design to effect serious bodily injury, operates or drives a motor vehicle of any kind in a negligent manner and thereby causes the serious bod…
SDCL § 22-18-37 Female genital mutilation--Felony
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It is a Class 4 felony for any person: (1) To knowingly circumcise, excise, mutilate, or infibulate, in whole or in part, the labia majora, labia minora, or clitoris of a female under the age of eighteen years; (2) Who is a parent, guardian, or has immediate custody or control of…
SDCL § 22-18-38 Religion, custom, or consent not a defense to female genital mutilation
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It is not a defense to the provisions of § 22-18-37 that the conduct described is required as a matter of religion, custom, ritual, or standard practice, or that the individual on whom the conduct is performed, or the parent or guardian of the individual consented to the procedur…
SDCL § 22-18-39 Certain surgical procedures permitted
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A surgical procedure is not a violation of § 22-18-37 if the procedure is: (1) Necessary to the health of the individual on whom it is performed and the procedure is performed by a licensed medical practitioner in a licensed medical facility; or (2) Performed on an individual in …
Force--Defense of person
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A person is justified in using or threatening to use force, other than deadly force, against another if the person reasonably believes that using or threatening to use force is necessary to defend against the other's imminent use of unlawful force. A person who uses or threatens …
SDCL § 22-18-4.1 Deadly force--Defense of person
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A person is justified in using or threatening to use deadly force if the person reasonably believes that using or threatening to use deadly force is necessary to prevent imminent death or great bodily harm to himself, herself, or another, or to prevent the imminent commission of …
SDCL § 22-18-4.2 Defense of dwelling or residence--Force--Deadly force
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A person who is in a dwelling or residence, in which the person has a right to be: (1) Has no duty to retreat; (2) Has the right to stand his or her ground; and (3) Has the right to use or threaten to use: (a) Force against another, if the person reasonably believes that using or…
SDCL § 22-18-4.3 Imminent death--Great bodily injury--Reasonable fear
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For purposes of § 22-18-4.2 , a person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm, to himself, herself, or another, when using or threatening to use defensive force that is intended or likely to cause death or great bodily harm if: …
SDCL § 22-18-4.4 Presumption of fear--Exceptions
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The presumption set forth in § 22-18-4.3 does not apply if: (1) The person against whom the defensive force is used or threatened: (a) Has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, including as an owner, lessee, or titleholder; and (b) Is …
SDCL § 22-18-4.5 Unlawful entry--Presumption
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A person who unlawfully enters or attempts to enter a person's dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence. Source: SL 2021, ch 93 , § 7.
SDCL § 22-18-4.6 Force--Defense of property other than a dwelling
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A person is justified in using or threatening to use force, other than deadly force, against another if and to the extent the person reasonably believes that using or threatening to use force is necessary to prevent or terminate another's trespass on, or criminal interference wit…
SDCL § 22-18-4.7 Deadly force--Defense of property other than a dwelling
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A person is justified in using or threatening to use deadly force only if the person reasonably believes that the use of deadly force is necessary to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this s…
SDCL § 22-18-4.8 Immunity--Burden of proof
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A person who uses or threatens to use force, as permitted in §§ 22-18-4 to 22-18-4 .7, inclusive, is justified in such conduct and is immune from criminal prosecution and from civil liability for the use or threatened use of such force brought by the person against whom force was…
SDCL § 22-18-4.9 Aggressor--Use of force--Justification not available
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Any justification for the use or the threatened use of either force or deadly force is not available to a person who: (1) Is attempting to commit, committing, or escaping after the commission of a forcible felony; or (2) Initially provokes the use or threatened use of force again…
SDCL § 22-18-40 Standing on highway with intent to impede or stop traffic--Misdemeanor
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Unless otherwise directed by law enforcement or other emergency personnel or to seek assistance for an emergency or inoperable vehicle, no person may stand upon the paved or improved or main-traveled portion of any highway with intent to impede or stop the flow of traffic. A viol…
SDCL § 22-18-41 Unlawful directing--Light--Laser pointer
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Anyone who intentionally directs light from a laser pointer at the body of a law enforcement officer is guilty of a Class 1 misdemeanor. For purposes of this section, a laser pointer is a device that emits light amplified by the stimulated emission of radiation that is visible to…
SDCL § 22-18-42 Watercraft battery--Penalty
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Any person who, while under the influence of alcohol, drugs, or substances, in a manner and to a degree prohibited by § 42-8-45 , without design to effect serious bodily injury, operates a boat, as defined by § 42-8-2 , in a negligent manner and thereby causes the serious bodily …
SDCL § 22-18-5 Reasonable force used by parent, guardian, or teacher in correcting child, pupil, or ward
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To use or attempt to use or offer to use force upon or toward the person of another is not unlawful if committed by a parent or the authorized agent of any parent, or by any guardian, teacher, or other school official, in the exercise of a lawful authority to restrain or correct …
SDCL § 22-18-6 Reasonable force used by carrier to expel passenger--Vehicle stopped
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A carrier of passengers or the authorized agent or servant of such carrier or any person assisting such person at his or her request, may use or attempt to use or offer to use force to expel any passenger who refuses to obey a lawful and reasonable regulation prescribed for the c…