South Dakota § 40-1-39 Rebuttable presumption of maliciousness.

South Dakota Statutes

§ 40-1-39 — Rebuttable presumption of maliciousness.

South Dakota·Title 40 ANIMALS AND LIVESTOCK·Ch. 40-1 CRUELTY, ABUSE AND INJURY TO ANIMALS

In a prosecution for a violation of § 40-1-38 , evidence that the defendant initiated or continued conduct as described in § 40-1-38 after being requested to discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal gives rise to a rebuttable presumption that the conduct was initiated or continued maliciously. A conviction and imposition of a sentence under §§ 40-1-38 to 40-1-40 , inclusive, does not prevent a conviction and imposition of a sentence under any other applicable provision of law.

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In a prosecution for a violation of § 40-1-38 , evidence that the defendant initiated or continued conduct as described in § 40-1-38 after being requested to discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal gives rise to a rebuttable presumption that the conduct was initiated or continued maliciously. A conviction and imposition of a sentence under §§ 40-1-38 to 40-1-40 , inclusive, does not prevent a conviction and imposition of a sentence under any other applicable provision of law.

South Dakota § 40-1-39 (Rebuttable presumption of maliciousness.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.