South Dakota § 40-38-1 Definition of terms.

South Dakota Statutes

§ 40-38-1 — Definition of terms.

South Dakota § 40-38-1

Title 40ANIMALS AND LIVESTOCK

Ch. 40-37PROTECTION OF ANIMAL FACILITIES

This text of South Dakota § 40-38-1 (Definition of terms.) 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 § 40-38-1 (2026).

Text

Terms used in this chapter mean:

(1)"Agricultural production facility," real or personal property that is used primarily for agricultural purposes, including:

(a)A vehicle, building, structure, research facility, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale; or (b) A barn, crop field, elevator, garden, greenhouse, nursery, orchard, research facility, seedhouse, warehouse, structure, machinery, or equipment;

(2)"Animal," any living vertebrate except human beings;

(3)"Consent," permission by the owner or by a person legally authorized to act for the owner. Consent is not effective if:

(a)Induced by force or threat;

(b)Given by a person the offender knows is not legally authorized to act for the owner; or (c)

Free access — add to your briefcase to read the full text and ask questions with AI

Terms used in this chapter mean: (1) "Agricultural production facility," real or personal property that is used primarily for agricultural purposes, including: (a) A vehicle, building, structure, research facility, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale; or (b) A barn, crop field, elevator, garden, greenhouse, nursery, orchard, research facility, seedhouse, warehouse, structure, machinery, or equipment; (2) "Animal," any living vertebrate except human beings; (3) "Consent," permission by the owner or by a person legally authorized to act for the owner. Consent is not effective if: (a) Induced by force or threat; (b) Given by a person the offender knows is not legally authorized to act for the owner; or (c) Given by a person who by reason of age, mental disease or defect, or influence of drugs or alcohol is known by the offender to be incapable of consenting; (4) "Crop," a plant or plant product that is grown for food, feed, fiber, forage, or fuel; (5) "Deception," the act of knowingly: (a) Creating or confirming another person's belief or impression as to the existence or nonexistence of a fact or condition that is false and that the actor does not believe to be true; or (b) Failing to correct a false belief or impression as to the existence or nonexistence of a fact or condition that the actor previously created or confirmed; (6) "Deprive," to: (a) Withhold an animal or material appurtenant to an animal from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner; (b) Restore an animal or property only upon payment of a reward or other compensation; or (c) Dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely; (7) "Owner," a person who has title to the property, legal possession of the property, or a greater right to possession of the property than the other; (8) "Possession," actual custody, control, or management; and (9) "Research facility," any place at which any scientific test, experiment, or investigation involving the use of any living animal or crop is carried out, conducted, or attempted.