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.
Stalking
Also See: South Dakota Stalking Order of Protection
Also See: South Dakota Civil Stalking Law
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Laws
Stalking
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. Hearing on petition for protection—Date—Notice. (2009)
Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless for good cause the court grants a continuance. 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 order pending full hearing on petition for protection (2009)
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 unless for good cause the court grants a continuance. No continuance may exceed thirty days. If a continuance is granted, the court by order shall extend the ex parte temporary protection order until the rescheduled hearing date. 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. Defendant prohibited from contacting victim prior to court appearance (2010)
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. Willful violation of this section is a Class 1 misdemeanor.
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