Title 22 — CRIMES

The defendant shall be apprised of the contents of the habitual offender information and shall receive a copy of it. The habitual offender information may not be divulged to the jury in any manner unless and until the defendant has been convicted of the principal offense. The def…

If a defendant has been convicted of one or two prior felonies under the laws of this state or any other state or the United States, in addition to the principal felony, the sentence for the principal felony shall be enhanced by changing the class of the principal felony to the n…

If a defendant has been convicted of three or more felonies in addition to the principal felony and one or more of the prior felony convictions was for a crime of violence as defined in subdivision 22-1-2(9), the sentence for the principal felony shall be enhanced to the sentence…

If a defendant has been convicted of three or more felonies in addition to the principal felony and none of the prior felony convictions was for a crime of violence as defined in subdivision § 22-1-2(9), the sentence for the principal felony shall be enhanced by two levels but in…

No prior conviction may be considered under either § 22-7-7 or 22-7-8 unless the defendant was, on such prior conviction, discharged from prison, jail, probation, or parole within fifteen years of the date of the commission of the principal offense. Moreover, only one prior convi…

Any person who commits a crime of violence, as defined by subdivision 22-1-2(9), or an act dangerous to human life involving any use of chemical, biological, or radioactive material, or any explosive or destructive device, with the intent to do any of the following: (1) Intimidat…

Any person who threatens to commit a crime of violence, as defined by subdivision 22-1-2(9), or an act dangerous to human life involving any use of chemical, biological, or radioactive material, or any explosive or destructive device, with the intent to: (1) Intimidate or coerce …

Any person who knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States or flag of the State of South Dakota is guilty of a Class 1 misdemeanor. The term, flag of the United States, as used in this s…

As used in this chapter, any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property is riot. A violation of this section is a Class 4 felony. Source: SDC 1939, § 13.1…

22-10-12

Any person who, during a riot or unlawful assembly, intentionally disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot, is guilty of a Class 1 misdemeanor. A public safety order is any order, the p…

Repealed by SL 1976, ch 158 , § 10-8 22-10-13

July 1, 2006. 22-10-14 22-10-14 to 22-10-16. Transferred to §§ 22-10A-1 to 22-10A-3 by SL 2005, ch 120 , § 355, eff. July 1, 2006. 22-10-17 Incitement to riot--Violation as felony.

Any person who, with the intent to cause a riot, commits an act or engages in conduct that urges three or more people, acting together and without authority of law, to use force or violence to cause any injury to any person or any damage to property, under circumstances in which …

Any person who carries a dangerous weapon while participating in a riot is guilty of aggravated riot. Aggravated riot is a Class 3 felony. Source: SDC 1939, § 13.1404 (3); SL 1976, ch 158 , § 10-2 .

There is no offense of attempted riot or attempted aggravated riot. Source: SL 2005, ch 120 , § 346.

Source: SDC 1939, § 13.1404 (4); SL 1976, ch 158 , § 10-3; SL 2005, ch 120 , § 347; SL 2020, ch 78 , § 2.

Source: SL 1976, ch 158 , § 10-4; SL 2005, ch 120 , § 348; SL 2020, ch 78 , § 3. 22-10-7, 22-10-8. Repealed by SL 1976, ch 158 , § 10-8

Any person who assembles with two or more persons for the purpose of engaging in conduct constituting riot or aggravated riot or who, being present at an assembly that either has or develops such a purpose, remains there, with intent to advance that purpose, is guilty of unlawful…

Terms used in §§ 22-10A-1 to 22-10A-3 , inclusive, mean: (1) "Street gang," any formal or informal ongoing organization, association, or group of three or more persons who have a common name or common identifying signs, colors, or symbols and have members or associates who, indiv…

The penalty for conviction of any offense shall be reclassified to the next highest classification in the penalty schedule if the commission of such offense is part of a pattern of street gang activity. Source: SL 1992, ch 159 , § 2; SDCL, § 22-10-15; SL 2005, ch 120 , §§ 353, 35…

An allegation that a defendant is a street gang member shall be filed as a separate information at the time of, or before, arraignment. The separate information shall state those criteria, as set forth in subdivision 22-10A-1(2), which allegedly identify the defendant as a street…

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…