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

South Dakota Statutes

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

South Dakota § 40-1-39

Title 40ANIMALS AND LIVESTOCK

Ch. 40-1CRUELTY, ABUSE AND INJURY TO ANIMALS

This text of South Dakota § 40-1-39 (Rebuttable presumption of maliciousness.) 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 § 40-1-39 (2026).

Text

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.