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

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


Analyzing Stalking 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.

 

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