Title 22 — CRIMES

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…

Any person who intentionally gives any false alarm of fire, by any means, is guilty of a Class 5 felony, if, as a result, any other person dies or sustains serious bodily injury. Source: SL 1973, ch 150 , § 2; SDCL Supp, § 34-35A-2 ; SL 1977, ch 190 , § 96; SL 2005, ch 120 , § 20…

Any person who makes a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, explosive, destructive device, dangerous chemical, biological agent, poison or harmful radioactive substance, is guil…

The term, prisoner, as used in this chapter, includes every person who is in custody by being under arrest or by being under process of law issued from a court of competent jurisdiction, whether civil or criminal. A prisoner at the time of escape need not be in a place designated…

Any escape by a prisoner constitutes first degree escape if the prisoner effects the escape: (1) By means of the use or threat of violence; (2) From a secure correctional facility; or (3) From the immediate custody of a law enforcement officer or Department of Corrections employe…

Any escape by a prisoner constitutes second degree escape if the prisoner effects the escape by means of failure to return to custody following an assignment or temporary leave granted for a specific purpose or limited period or leaves a nonsecure correctional facility without au…

If a prisoner escapes, the person from whose custody that prisoner escaped may immediately pursue and retake that prisoner at any time and in any place in the state. To retake a prisoner, the person pursuing may, after notice of intention and refusal of admittance, break open an …

Any person who conceals any prisoner knowing that the prisoner has escaped is guilty of a Class 5 felony. Source: SDC 1939, § 13.1228; SDCL, § 24-12-5; SL 1978, ch 185 , § 13; SDCL Supp, § 24-12-12; SL 2005, ch 120 , § 322. 22-11A-6, 22-11A-7. Transferred to §§ 24-12A-1 and 24-12…

Barratry is the offense of maliciously bringing or causing to be brought any groundless judicial proceeding. Barratry is a Class 2 misdemeanor. The fact that an accused was personally a party in interest or upon the record to any proceedings at law complained of is not a defense.…

Any public officer or person pretending to be a public officer, who under the pretense or color of any process or other legal authority, arrests any person, or detains any person against that person's will, or seizes or levies upon any property, or dispossesses any person of any …

Any person who, maliciously and without probable cause, procures a search warrant to be issued and executed is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1213; SDC 1939 & Supp 1960 § 34.9904; SDCL, § 23-15-11; SL 1978, ch 185 , § 5; SL 2005, ch 120 , § 240.

Any law enforcement officer who, in executing a search warrant, intentionally exceeds his or her authority, or exercises such authority maliciously, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1234; SDC 1939 & Supp 1960, § 34.9905; SDCL, § 23-15-17; SL 1978, ch 185…

Any law enforcement officer or other person, who, having arrested a person on a criminal charge, intentionally delays taking that person before a committing magistrate for further proceedings, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1220; SDCL, § 23-22-21; SL 1…

Any person who, for the purpose of obtaining anything of value, circulates or offers for sale, prints for the purpose of sale or distribution, sends or delivers, or causes to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or other notice or dem…

It is no defense to a charge of uttering simulated process, that the document bears any statement that the thing of value sought to be obtained was to apply as payment on a valid obligation. Source: SL 1964, ch 34 , § 2; SL 1976, ch 158 , § 12-3 ; SL 2005, ch 120 , § 235.

In prosecutions for any violation of § 22-12-5 , the prosecution may show that the simulating document was deposited in the post office for mailing or was delivered to any person with intent to be forwarded, and such showing is sufficient proof of the sending or delivery. Source:…

Nothing in §§ 22-12-5 to 22-12-7 , inclusive, prevents the printing, publication, sale, or distribution of genuine legal forms. Source: SL 1964, ch 34 , § 4; SL 1976, ch 158 , § 12-4 ; SL 2005, ch 120 , § 237. 22-12-9. Repealed by SL 1976, ch 158 , § 12-7

Any person who gives, or agrees or offers to give, any gratuity or reward in consideration that that person or any other person be appointed to any public office, or be permitted to exercise, perform, or discharge the prerogatives or duties of any public office, is guilty of a Cl…

The public office of any public officer or employee who is convicted of violating any provision contained in this chapter is forfeit. Moreover, such public officer or employee is forever disqualified from holding any public office in this state. Source: SL 1976, ch 158 , § 12A-10…

Any person who: (1) Gives or offers to give a bribe to any judicial officer or juror or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence that person's vote, opinion, or decision upon any matter or question which…

Any person who attempts to influence a juror, or any person summoned or drawn as a juror, or chosen an arbitrator or appointed a referee, in respect to any verdict or decision in any cause or matter pending, or about to be brought before such person: (1) By means of any communica…

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.

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 guil…

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:…

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…

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…

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…

Any person who, directly or indirectly, asks or receives any consideration for appointing another person or procuring the employment of another person in any public office, or for permitting or agreeing to permit any other person to exercise any of the prerogatives or duties of a…

Any appointment or employment to a public office made contrary to § 22-12A-1 or 22-12A-2 is void. However, no official act performed prior to conviction of any offense prohibited by such sections is invalid. Source: SDC 1939, § 13.1110; SDCL, § 3-15-8; SL 1976, ch 158 , § 12A-3; …