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South Dakota

Last updated: August 24, 2010

22-19A-1. Stalking as a misdemeanor--Second offense a felony. 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.

Source: SL 1992, ch 162, 1; SL 1993, ch 176, 1; SL 1997, ch 132, 1; SL 2001, ch 112, 1; SL 2002, ch 109, 5; SL 2006, ch 120, 1.

49-31-31. Threatening or harassing contacts by telephone or other electronic communication device as misdemeanor. It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes:

  1. To contact another person with intent to terrorize, intimidate, threaten, harass or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act;
  2. To contact another person with intent to threaten to inflict physical harm or injury to any person or property;
  3. To contact another person with intent to extort money or other things of value;
  4. To contact another person with intent to disturb that person by repeated anonymous telephone calls or intentionally failing to replace the receiver or disengage the telephone connection.

It is a Class 1 misdemeanor for a person to knowingly permit a telephone or other electronic communication device under his or her control to be used for a purpose prohibited by this section.

Source: SL 1967, ch 30, 1; SL 1983, ch 15, 121; SL 2008, ch 240, 1.