South Dakota § 22-18-1 Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states.

South Dakota Statutes

§ 22-18-1 — Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states.

South Dakota § 22-18-1

Title 22CRIMES

Ch. 22-15ASSAULTS AND PERSONAL INJURIES

This text of South Dakota § 22-18-1 (Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 22-18-1 (2026).

Text

A person is guilty of simple assault, a Class 1 misdemeanor, if the person:

(1)Attempts to cause bodily injury to another and has the actual ability to cause the injury;

(2)Recklessly causes bodily injury to another;

(3)Negligently causes bodily injury to another with a dangerous weapon;

(4)Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or (5) Intentionally causes bodily injury to another which does not result in serious bodily injury. If the defendant has been convicted of, or entered a plea of guilty to, two or more violations of simple assault under this section, simple assault or aggravated assault under § 22-18-1.05 , aggravated assault under § 22-18-1.1 , as

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A person is guilty of simple assault, a Class 1 misdemeanor, if the person: (1) Attempts to cause bodily injury to another and has the actual ability to cause the injury; (2) Recklessly causes bodily injury to another; (3) Negligently causes bodily injury to another with a dangerous weapon; (4) Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or (5) Intentionally causes bodily injury to another which does not result in serious bodily injury. If the defendant has been convicted of, or entered a plea of guilty to, two or more violations of simple assault under this section, simple assault or aggravated assault under § 22-18-1.05 , aggravated assault under § 22-18-1.1 , assault under § 22-18-26 , intentional contact with bodily fluids under § 22-18-26 .1, or assault under § 22-18-29 , within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of a crime described in this section and occurring within ten years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a subsequent offense.

Legislative History

SDC 1939, §§ 13.2401, 13.2403; SDCL § 22-18-8; SL 1973, ch 147; SL 1976, ch 158, § 18-1; SL 1980, ch 173, § 2; SL 1981, ch 174; SL 1998, ch 132, § 1; SL 1999, ch 117, § 1; SL 2005, ch 120, § 1; SL 2011, ch 115, § 1; SL 2019, ch 108, § 1; SL 2021, ch 92, § 1.