Title 22 — CRIMES

Any person who gives, or offers to give, a bribe to any member of the Legislature, or attempts, directly or indirectly, by menace, deceit, suppression of truth, or any other corrupt means, to influence a member to give or to withhold the member's vote, or to not attend the legisl…

Any member of the Legislature who asks, receives, or agrees to receive any bribe upon any understanding that the member's official vote, opinion, judgment, or action be influenced thereby, or who is given any bribe in any manner upon any particular side of any question or matter …

Any person who gives or offers a bribe to a public officer or employee with intent to influence the officer or employee in respect to any act, decision, vote, opinion, or other proceeding for which the officer or employee is responsible, is guilty of a Class 4 felony. Source: SDC…

Any public officer or employee, who asks, receives, or agrees to receive a bribe upon an agreement or understanding that his or her vote, opinion, or action upon any matter then pending, or which may by law be brought before him or her in a public capacity, be influenced thereby,…

Any public officer or employee who asks or receives any fee or consideration for any official service which has not been rendered, except charges for prospective costs or fees demandable in advance, if allowed by law, or who asks or receives any emolument, gratuity, reward, or ot…

Any public officer or employee who asks or receives any emolument, gratuity, reward, or other consideration for omitting or deferring the performance of any official duty, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1112; SDCL, § 3-15-10; SL 1976, ch 158 , § 12A-9.

No person may engage in any act of picketing at any funeral service during the period from one hour before the scheduled commencement of the funeral services until one hour after the actual completion of the funeral services. Any violation of this section is a Class 2 misdemeanor…

Notwithstanding the criminal penalties provided in § 22-13-17 , the circuit court may enjoin conduct proscribed by § 22-13-17 and may in any such proceeding award damages, including attorney fees, or other appropriate relief against any person who is repeatedly found guilty under…

For the purpose of §§ 22-13-17 to 22-13-20 , inclusive, the term, picketing, means protest activities engaged in by any person stationed within one thousand feet of a funeral service within one hour prior to, during, and one hour following the commencement of any funeral service.…

For the purposes of §§ 22-13-17 to 22-13-20 , inclusive, funeral services are any ceremony, procession, or memorial held in connection with the burial or cremation of a deceased person. Source: SL 2006, ch 118 , § 4.

Any person who commits or attempts to commit any felony while armed with a firearm, including a machine gun or short shotgun, is guilty of a Class 2 felony for the first conviction. A second or subsequent conviction is a Class 1 felony. The sentence imposed for a first conviction…

22-14-13.1

July 1, 2006. 22-14-14 Armed felony to be charged separately from principal felony charge--No offense charged when dangerous weapon an element of principal felony. 22-14-15 Possession of firearm by one with prior violent crime conviction or certain drug-related conviction--Felony…

A violation of § 22-14-12 shall be charged in the indictment or information as a separate count in addition to the principal felony or attempted felony alleged to have been committed. No offense may be charged under those sections if the use of a dangerous weapon is a necessary e…

No person who has been convicted in this state or elsewhere of a crime of violence or a felony pursuant to § 22-42-2 , 22-42-3 , 22-42-4 , 22-42-7 , 22-42-8 , 22-42-9 , 22-42-10 or 22-42-19 , may possess or have control of a firearm. A violation of this section is a Class 6 felon…

No person who has been convicted of a felony under chapter 22-42 or of a felony for a crime with the same elements in another state may possess or have control of a firearm. A violation of this section is a Class 6 felony. The provisions of this section do not apply to any person…

No person who has been convicted of any misdemeanor crime involving an act of domestic violence may possess or have control of a firearm for a period of one year from the date of conviction. Any violation of this section is a Class 1 misdemeanor. At the end of the one-year period…

Firearm defined for §§ 22-14-15 and

Any person who knows that another person is prohibited by § 22-14-15 or 22-14-15.1 from possessing a firearm, and who knowingly gives, loans, or sells a firearm to that person is guilty of a Class 6 felony. Source: SL 1972, ch 144 , § 4; SDCL Supp, § 23-7-3.1 ; SL 1976, ch 158 , …

The provisions of this chapter do not apply to any firearm which has been permanently altered so it is incapable of being discharged. Source: SL 1976, ch 158 , § 14-11; SL 1985, ch 190 , § 6; SL 1998, ch 131 , § 1; SL 2005, ch 120 , § 257. 22-14-18. Repealed by SL 1983, ch 188 , …

22-14-19

July 1, 2006. 22-14-20 Discharge of firearm at occupied structure or motor vehicle--Felony. 22-14-21 Discharge of firearm from moving motor vehicle within municipality--Felony. 22-14-22 County courthouse and state capitol defined. 22-14-23 Possession in county courthouse or state…

Any person who willfully, knowingly, and illegally discharges a firearm at an occupied structure or motor vehicle is guilty of a Class 3 felony. Source: SL 1992, ch 160 , § 1; SL 2005, ch 120 , § 259.

Any person who willfully, knowingly, and illegally discharges a firearm from a moving motor vehicle within the incorporated limits of a municipality under circumstances not constituting a violation of § 22-14-20 is guilty of a Class 6 felony. Source: SL 1992, ch 160 , § 2; SL 200…

For the purposes of §§ 22-14-23 to 22-14-28 , inclusive: (1) The term, county courthouse, means any building occupied for the public sessions of a circuit court, with its various offices, including any building appended to or used as a supplementary structure to a county courthou…

Except as provided in § 22-14-24 , any person who knowingly possesses or causes to be present any firearm or other dangerous weapon, in any county courthouse or in the state capitol, or attempts to do so, is guilty of a Class 1 misdemeanor. Source: SL 1993, ch 173 , § 2; SL 2005,…

The provisions of § 22-14-23 do not apply to: (1) The lawful performance of official duties by an officer, agent, or employee of the United States, the state, political subdivision thereof, or a municipality, who is authorized by law to engage in or supervise the prevention, dete…

Except for the authorizations set forth in § 22-14-24 , nothing in this chapter limits the power of a court to punish for contempt or to promulgate rules or orders regulating, restricting, or prohibiting the possession of weapons, within any building housing such court or any of …

Notice of the provisions of § 22-14-23 shall be posted conspicuously at each public entrance to a county courthouse and the state capitol. Source: SL 1993, ch 173 , § 5; SL 2005, ch 120 , § 264; SL 2019, ch 106 , § 5.

A defendant to a prosecution under § 22-14-23 may not claim as a defense that the defendant was the holder of a permit to carry a concealed pistol issued under chapter 23-7 . Source: SL 1993, ch 173 , § 6; SL 2019, ch 113 , § 5.

By a majority of the members-elect, the county commission in any county may elect to waive the provisions of § 22-14-23 that apply to a county courthouse. A waiver by the county commission in accordance with this section supersedes subdivision 22-14-24 (6) governing county employ…

July 1, 2006. 22-14-30

July 1, 2006. 22-14-1 to 22-14-4. Repealed by SL 1976, ch 158 , § 14-14

Any person who possesses any firearm on which the manufacturer's serial number has been changed, altered, removed, or obliterated is guilty of a Class 6 felony. The provisions of this section do not apply to persons who have applied for a new serial number pursuant to §

Any person who knowingly possesses a controlled weapon is guilty of a Class 6 felony. However, the provisions of this section do not apply to any person who: (1) Is a law enforcement officer or member of the armed forces of the United States or South Dakota National Guard acting …

Any person who: (1) Recklessly discharges a firearm or recklessly shoots a bow and arrow; (2) Sets a device designed to activate a weapon upon being tripped or approached, and leaves the device unmarked or unattended by a competent person; or (3) Has in personal possession a load…

Any person who conceals on or about his or her person a controlled or dangerous weapon with intent to commit a felony is guilty of a Class 5 felony. Source: SL 1976, ch 158 , § 14-5 ; SL 1977, ch 189 , § 28; SL 2005, ch 120 , § 246. 22-14-9, 22-14-9.1. Repealed by SL 2019, ch 113…

Source: SL 2002, ch 118 , § 3; SL 2005, ch 120 , § 249; SL 2019, ch 113 , § 10; SL 2022, ch 69 , § 1. 22-14-10, 22-14-11. Repealed by SL 2019, ch 113 , §§ 3, 4.

Any person who explodes or ignites any destructive device or explosive with intent to cause serious bodily injury and which results in serious bodily injury is guilty of a Class 2 felony. Source: SL 1972, ch 140 , §§ 7 to 9; SDCL Supp, §§ 22-14A-9, 22-14A-10; SL 1976, ch 158 , § …

Any person who possesses any substance, material, or any combination of substances or materials, with the intent to make a destructive device without first obtaining a permit from the Department of Public Safety to make such device, is guilty of a Class 5 felony. Source: SL 1972,…

The provisions of this chapter do not apply to the armed forces of the United States, the National Guard, any law enforcement agency or any officer, agent, employee, or member thereof, acting in a lawful capacity, and any person possessing a valid seller's permit or user's permit…

Any person who intentionally destroys or attempts to destroy by the use of any explosive or destructive device, any property real or personal, not the property of such person, although done under such circumstances as not to endanger the life or safety of any human being, is guil…

Any person who intentionally, by the use of an explosive or destructive device, destroys or injures any occupied or unoccupied structure, motor vehicle, street, highway, railway, bridge, dam, dike, or other structure, by means of which the life or safety of any human being is end…

Any person who takes into, upon, under, against, or near to any occupied or unoccupied structure, motor vehicle, street, highway, railway, bridge, dam, dike, or other structure, any explosive or destructive device, with intent to destroy or injure such structure, under circumstan…

Any person may possess destructive devices that are registered with, or licensed by, the state or federal government pursuant to law. Source: SL 1976, ch 158 , § 14A-13; SL 1977, ch 189 , § 40. 22-14A-22. Transferred to § 22-11-9.2 by SL 2005, ch 120, § 279, eff. July 1, 2006.

No person may, with the intent to cause bodily injury to another person, use or place a hazardous or injurious device on any land owned or leased by the State of South Dakota, including any highway, road, or right-of-way. A violation of this section is a Class 1 misdemeanor. For …

Any person who intentionally communicates a threat by leaving a substance or device, thereby causing either serious public inconvenience, or the evacuation or serious disruption of a building, place of assembly, facility of public or school transport, or a school related event, i…

Any person who intentionally possesses, transports, uses, or places any hoax substance or hoax destructive device with the intent of causing anxiety, unrest, fear, or personal discomfort is guilty of a Class 6 felony. A hoax substance is any substance that would cause a person to…

The court may, after conviction or adjudication of any violation of § 22-11-9.2 , 22-14A-24 , or 22-14A-25 , conduct a hearing to ascertain the extent of costs incurred, damages, and financial loss suffered by local, county, or state public safety agencies, and the amount of prop…

The provisions of § 22-11-9.2 , 22-14A-24 , or 22-14A-25 may not be construed to create any cause of action against any person based upon or arising out of any act or omission relating to any good faith response to a felonious threat or an attempted felonious threat. Source: SL 2…