Welcome to the Stalking Resource Center

The mission of the Stalking Resource Center is to enhance the ability of professionals, organizations, and systems to effectively respond to stalking.

South Dakota

Civil Stalking Law

Also see: South Dakota Stalking Statute

Also See: South Dakota Stalking Order of Protection

S.D. Codified Laws § 20-9-32. Malicious harassment -- Civil action (2006)
In addition to the criminal penalty provided in § 22-19B-1, there is a civil cause of action for malicious harassment. The victim of malicious harassment may recover both special and general damages, including damages for emotional distress, reasonable attorney fees and costs, and punitive damages. The civil cause of action for malicious harassment is in addition to any other remedies, criminal or civil, otherwise available under law.

S.D. Codified Laws § 22-19B-1. Malicious harassment – Penalty. (2005)
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 any real or personal property of another person; or

(3) Damage or destroy any real or personal property of another person; or

(4) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts prohibited in subdivision (1), (2), or (3) of this section will occur.

A violation of this section is a Class 6 felony.