South Dakota § 22-19A-1 Stalking--Violation as misdemeanor--Second or subsequent offense a felony.

South Dakota Statutes

§ 22-19A-1 — Stalking--Violation as misdemeanor--Second or subsequent offense a felony.

South Dakota § 22-19A-1

Title 22CRIMES

Ch. 22-19STALKING

This text of South Dakota § 22-19A-1 (Stalking--Violation as misdemeanor--Second or subsequent offense a felony.) 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 § 22-19A-1 (2026).

Text

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. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of this section and occurring within t

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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. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of 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 second or subsequent offense.

Legislative History

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; SL 2020, ch 83, § 1.