A Program of
                         


For Victim Assistance, please call the National Center for Victims of Crime Helpline at
1-800-FYI-CALL, M-F 8:30 AM - 8:30 PM EST, or e-mail gethelp@ncvc.org.
You are here: home stalking laws Criminal Stalking Laws by State South Dakota



 

 Also see:
 South Dakota Civil Stalking Law
 South Dakota Case Law on Stalking Law
 South Dakota Resources






South Dakota

This page lists the most applicable state crimes addressing stalking. However, depending on the facts of the case, a stalker might also be charged with other crimes, such as trespassing, intimidation of a witness, breaking and entering, etc. Check your state code or consult with your local prosecutor about other charges that might apply in a particular case.

S.D. Codified Laws § 22-19A-1.  Elements – Penalty. (2006)

No person may:

(1)  Willfully, maliciously, and repeatedly follow or harass another person;

(2)  Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or

(3)  Willfully, maliciously, and repeatedly harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication.

A violation of this section constitutes the crime of stalking. Stalking is a Class 1 misdemeanor. However, any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony.


S.D. Codified Laws § 22-19A-2. Violation when restraining or protection order in effect -- Penalty. (1994)

Any person who violates § 22-19A-1 when there is a temporary restraining order, or an injunction, or a protection order, in effect prohibiting the behavior described in § 22-19A-1 against the same party, is guilty of a Class 6 felony.

 

S.D. Codified Laws § 22-19A-3. Subsequent convictions with violence or threat – Penalty. (1993)

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.


S.D. Codified Laws § 22-19A-4. "Harasses" defined. (1993)

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.


S.D. Codified Laws § 22-19A-5. "Course of conduct" defined. (1992)

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."


S.D. Codified Laws § 22-19A-6. "A credible threat" defined. (1993)

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.

S.D. Codified Laws § 22-19A-7. Felonious stalking – Penalty. (2002)

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 the intent to cause the child to reasonably fear for the child's safety is guilty of the crime of felony stalking. Felonious stalking is a Class 6 felony.

S.D. Codified Laws § 22-19A-8. Petition for protection order – Procedure. (2007) 
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 this section may be made against any person who violates § 22-19A-1 or against any other person against whom stalking or physical injury as a result of an assault or in cases where a crime of violence is alleged;

(2)  A petition shall allege the existence of (a) stalking or (b) physical injury as a result of an assault or (c) a crime of violence, and shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the stalking or the physical injury as a result of an assault or crime of violence;

(3)  A petition for relief may be made whether or not there is a pending lawsuit, complaint, petition, or other action between the parties.

The clerk of the circuit court shall make available standard petition forms with instructions for completion to be used by a petitioner. The attorney general shall prepare the standard petition form.


S.D. Codified Laws § 22-19A-9. Filing petition for protection – Venue. (2008) 

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.


S.D. Codified Laws § 22-19A-10. Petition for protection order -- Hearing – Service. (1997) 

Upon receipt of the petition, the court shall order a hearing which shall be held not later than thirty days from the date of the order. Personal service of the petition, affidavit, and notice for hearing shall be made on the respondent not less than five days prior to the hearing.


S.D. Codified Laws § 22-19A-11.  Petition for protection order -- Relief. (2007) 

Upon notice and a hearing, if the court finds by a preponderance of the evidence that stalking has taken place, the court may provide relief as follows:

(1)  Restrain any party from committing acts of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9);

(2)  Order other relief as the court deems necessary for the protection of the person seeking the protection order, including orders or directives to law enforcement officials.

Any relief granted by the order for protection shall be for a fixed period and may not exceed five years.

 

S.D. Codified Laws § 22-19A-12. Ex parte temporary protection order. (2000) 

If an affidavit filed with an application under § 22-19A-8 alleges that immediate and irreparable injury, loss, or damage is likely to result before an adverse party or the party's attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a full hearing and granting relief as the court deems proper, including an order restraining any person from committing acts of stalking or physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2 (9). An ex parte temporary protection order is effective for a period of thirty days. The respondent shall be personally served forthwith with a copy of the ex parte order along with a copy of the petition, affidavit, and notice of the date set for the hearing.


S.D. Codified Laws § 22-19A-13.  Petition for order of protection -- Security not required. (1997) 
The court may not require an undertaking or other security of any party to a petition for an order of protection other than in exceptional circumstances.


S.D. Codified Laws § 22-19A-14. Order of protection – Modification. (1997) 

Upon application, notice to all parties, and hearing, the court may modify the terms of an existing order for protection.


S.D. Codified Laws § 22-19A-15. Order of protection -- Delivery to law enforcement. (1997) 

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 available to other law enforcement officers information as to the existence and status of any order for protection issued pursuant to §§ 22-19A-8 to 22-19A-16, inclusive.

 

S.D. Codified Laws § 22-19A-16. Violation of protection order – Penalties. (2004) 

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 to be restrained knows of the order, violation of the order is a Class 1 misdemeanor. If any violation of this section constitutes an assault pursuant to § 22-18-1.1, the violation is a Class 6 felony. If a respondent or person to be restrained has been convicted of, or entered a plea of guilty to, two or more violations of this section, the factual basis for which occurred after the date of the second conviction, and occurred within five years of committing the current offense, the respondent or person to be restrained is guilty of a Class 6 felony for any third or subsequent offense. Any proceeding under §§ 22-19A-8 to 22-19A-16, inclusive, is in addition to other civil or criminal remedies.


S.D. Codified Laws § 22-19A-17. No contact with victim by defendant in custody for stalking. (2000) 
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 appearance or until such contact or communication is specifically authorized by the court.


Technical Problems? Please e-mail our webmaster.


Address

For Victim Assistance, please call the National Center for Victims of Crime Helpline at
1-800-FYI-CALL, M-F 8:30 AM - 8:30 PM EST, or e-mail gethelp@ncvc.org .


This project was supported by Grant Nos. 2008-TA-AX-K017 and 2004-WT-K050 awarded by the Office on Violence Against Women, U.S. Department of Justice. The opinions, findings, conclusions, and recommendations expressed in this program are those of the author(s) and do not necessarily reflect the views of the Department of Justice, Office on Violence Against Women.

For more information on the U.S. Department of Justice Office on Violence Against Women visit http://www.ovw.usdoj.gov.
Login >>