Title 22 — CRIMES

Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection. Source: SL 1997, ch 131 , § 7.

The petitioner may deliver an order for protection granted pursuant to §§ 22-19A-8 to 22-19A-16 , inclusive, within twenty - four hours to the local law enforcement agency having jurisdiction over the residence of the petitioner. Each appropriate law enforcement agency shall make…

If a temporary protection order or a protection order is granted pursuant to §§ 22-19A-8 to 22-19A-16 , inclusive, and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor. If the acts constituting a violation of this section a…

While in custody after arrest for assault or stalking, no defendant may have or be permitted any contact or communications, either directly or by means of a third party, with the victim or the family or household members of the victim, until the defendant's initial court appearan…

If bond for the defendant in any assault or stalking action is authorized, a condition of no contact with the victim shall be stated and incorporated into the terms of the bond. Willful violation of any such no contact provision is a Class 1 misdemeanor. Source: SL 2010, ch 114 ,…

Any person who violates § 22-19A-1 when there is a temporary restraining order, or an injunction, or a protection order, or a no contact order issued pursuant to § 25-10-23 or 25-10-25 in effect prohibiting the behavior described in § 22-19A-1 against the same party, is guilty of…

A person who has a second or subsequent conviction occurring within seven years of a prior conviction under § 22-19A-1 , 22-19A-2 , or 22-19A-7 against the same victim, and involving an act of violence, or a credible threat of violence, is guilty of a Class 5 felony. Any convicti…

For the purposes of this chapter, harasses means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose. Source: SL 1992, ch 162 , § 4; SL 1993, ch 176 , § 4.

For the purposes of this chapter, course of conduct means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of course of conduct. Sourc…

For the purposes of this chapter, a credible threat means a threat made with the intent and the apparent ability to carry out the threat. A credible threat need not be expressed verbally. Source: SL 1992, ch 162 , § 6; SL 1993, ch 176 , § 5.

Any person who willfully, maliciously, and repeatedly follows or harasses a child twelve years of age or younger or who makes a credible threat to a child twelve years of age or younger with the intent to place that child in reasonable fear of death or great bodily injury or with…

There exists an action known as a petition for a protection order in cases of stalking, in cases of physical injury as a result of an assault, or in cases of a crime of violence as defined in subdivision 22-1-2(9). Procedures for the action are as follows: (1) A petition under th…

If a petition for a protection order alleging the existence of stalking or physical injury is filed with the court pursuant to § 22-19A-8 and, if the court, upon an initial review, determines that the allegations do not support the existence of stalking or physical injury, but th…

A petition for relief under §§ 22-19A-8 to 22-19A-16 , inclusive, may be filed in circuit court or in a magistrate court with a magistrate judge presiding. Venue lies where any party to the proceedings resides. Source: SL 1997, ch 131 , § 2; SL 2008, ch 108 , § 1, eff. Feb. 19, 2…

No person may maliciously and with the specific intent to intimidate or harass any person or specific group of persons because of that person's or group of persons' race, ethnicity, religion, ancestry, or national origin: (1) Cause physical injury to another person; or (2) Deface…

For purposes of this chapter, the term, deface, includes cross-burnings or the placing of any word or symbol commonly associated with racial, religious, or ethnic terrorism on the property of another person without that person's permission. Source: SL 1993, ch 177 , § 2; SL 2005,…

Any person who, by threats or violence, intentionally prevents another person from performing any lawful act enjoined upon or recommended by the religion which such person professes is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1702; SL 1976, ch 158 , § 27-1; SDCL, §…

Any person who intentionally attempts, by threats or violence, to compel another person to adopt, practice, or profess any particular form of religious belief is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1703; SL 1976, ch 158 , § 27-2; SDCL, § 22-27-2; SL 2005, ch 1…

No person may, except as authorized by law: (1) Trespass on property with intent to subject anyone to eavesdropping or other surveillance in a private place; or (2) Install in any private place, without the consent of the person or persons entitled to privacy there, any device fo…

22-21-4 Record--Privacy--Manipulated image--Violation. 22-21-5 Service providers not liable.

No person may enter the private property of another and peek in the door or window of any inhabited building or structure located thereon, without having lawful purpose with the owner or occupant thereof. A violation of this section is a Class 1 misdemeanor. Source: SL 1976, ch 1…

No individual, without the consent or knowledge of the individual depicted or recorded, and with the intent to self-gratify or alarm, annoy, embarrass, harass, invade the privacy of, threaten, or cause emotional, financial, physical, psychological, or reputational harm to that in…

Terms used in § 22-21-4 mean: (1) "Digitally fabricated material," an image, photograph, video, or other visual depiction that: (a) Appears to an ordinary person to be an authentic depiction of an identifiable individual; and (b) Is adapted, generated, or modified to falsely depi…

Nothing in § 22-21-4 shall be construed to impose liability on a provider of an electronic communication service, an information service, a mobile service, including a commercial mobile service, a telecommunication service, an interactive computer service, or a cable service as t…

Source: SL 2000, ch 103 , §§ 1, 2; SL 2013, ch 107 , § 1.

22-22-1.3 Contents of presentence investigation report for person convicted of sex crime. 22-22-1.4 Exception for mitigating circumstances--Factual basis relied upon in writing. 22-22-1.5 Definitions. 22-22-2 Sexual penetration defined--Acts constituting sodomy--Medical practitio…

If any adult is convicted of any of the following violations, the court shall impose the following minimum sentences: (1) For a violation of subdivision 22-22-1(1), fifteen years for a first offense; and (2) For a violation of § 22-22-7 if the victim is less than thirteen years o…

Any person convicted of a felony violation as provided in subdivisions 22-24B-1 (1) to (15), inclusive, and (19), (24) and (25), shall have included in the offender's presentence investigation report a psycho-sexual assessment including the following information: the offender's s…

The sentencing court may impose a sentence other than that which is required by §§ 22-22-1.2 and 22-6-1.2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by § 22-22-1.2 or

Terms used in this chapter mean: (1) "Consent," a person's positive cooperation in act or attitude pursuant to the person's exercise of free will; (2) "Force," the use of physical effort sufficient to overcome, restrain, injure, or prevent escape; (3) "Mental incapacity," a menta…

July 1, 2006. 22-22-12 22-22-12 to 22-22-14. Repealed by SL 1975, ch 169 , § 8 22-22-15

July 1, 2006. 22-22-16 22-22-16 to 22-22-18. Repealed by SL 1976, ch 158 , § 22-8 22-22-19

Repealed by SL 1984, ch 167 , § 1 22-22-19.1

July 1, 2006. 22-22-20 22-22-20 , 22-22-21. Repealed by SL 1976, ch 158 , § 22-8 22-22-22

Sexual penetration means an act, however slight, of sexual intercourse, cunnilingus, fellatio, anal intercourse, or any intrusion, however slight, of any part of the body or of any object into the genital or anal openings of another person's body. All of the foregoing acts of sex…

Repealed by SL 2002, ch 109 , §§ 2, 3 22-22-24 22-22-24 to 22-22-24 .2. Transferred to §§ 22-24A-1 to 22-24A-3 by SL 2005, ch 120 , § 407, eff. July 1, 2006. 22-22-24.3 Sexual exploitation of a minor--Felonies--Assessment. 22-22-24.4 22-22-24.4 to 22-22-25. Transferred to §§ 22-2…

The county where an alleged rape or sexual offense occurred must pay the cost of any forensic medical examination performed by a physician, hospital, or clinic on the victim of the alleged rape or sexual offense. The cost of a forensic medical examination includes: (1) Physician,…

A person who is convicted of a rape or sexual offense is required, as part of the sentence imposed by the court, to reimburse the county for the cost of any forensic medical examination, pursuant to § 22-22-26 , that was conducted as a result of the rape or sexual offense for whi…

Each physician, hospital, and clinic conducting an examination under § 22-22-26 shall coordinate with the county to establish a payment process by which the county shall pay for the cost of any forensic medical examination performed under § 22-22-26 and to notify any victim of ra…

A minor age sixteen or older may consent to a forensic medical examination. The minor's consent is not subject to disaffirmance because of minority, and consent of a parent or guardian is not required under this section. The hospital or clinic shall take reasonable steps to notif…

A physician, hospital, or clinic may provide a forensic medical examination, as defined under § 22-22-26.5 , without the consent of a guardian of a protected person, as defined under § 29A-5-102 , to any protected person who provides informed consent. If a patient has a guardian,…

For the purposes of §§ 22-22-26 to 22-22-26.4 , inclusive, and §§ 22-22-26.6 to 22-22-26.8 , inclusive, the following terms mean: (1) "Forensic medical examination," a medical assessment, administered in accordance with § 22-22-26.6 , with the following components: (a) Examinatio…

A forensic medical examination may be administered only by a: (1) Physician licensed in accordance with chapter 36-4 ; (2) Physician assistant licensed in accordance with chapter 36-4A ; (3) Nurse practitioner licensed in accordance with chapter 36-9A ; or (4) Sexual assault nurs…

A hospital licensed in accordance with chapter 34-12 , except a specialized hospital, shall establish and maintain policies and procedures regarding the administration of forensic medical examinations. The policies and procedures must: (1) State whether the hospital provides fore…

If a clinic provides forensic medical examinations, the clinic must establish and maintain policies and procedures regarding the administration of the examinations. The policies and procedures must: (1) Identify the types of providers who administer the examinations; (2) If a pro…

Terms used in §§ 22-22-28 and 22-22-29 mean: (1) "Emotional dependency," a condition of the patient brought about by the nature of the patient's own emotional condition or the nature of the treatment provided by the psychotherapist which is characterized by significant impairment…

Any psychotherapist who knowingly engages in sexual contact, as defined in § 22-22-7.1 , with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time of contact, commits a Class 5 felony. Consent by the patient is…

Any psychotherapist who knowingly engages in an act of sexual penetration, as defined in § 22-22-2 , with a person who is not his or her spouse and who is a patient who is emotionally dependent on the psychotherapist at the time that the act of sexual penetration is committed, co…

July 1, 2006. 22-22-30.1

July 1, 2006. 22-22-31 22-22-31 , 22-22-31 .1. Transferred to §§ 22-24B-2 and 22-24B-5 by SL 2005, ch 120 , § 415, eff. July 1, 2006. 22-22-31.2