SOUTH DAKOTA
22-19A-1. Stalking as a misdemeanor. 1997.
Any person:
(1) Who willfully, maliciously, and repeatedly follows or harasses another person; or
(2) Who makes a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; is guilty of the crime of stalking. Stalking is a Class 1 misdemeanor.
' 22-19A-2. Violation of restraining order, injunction or protection order as felony. 1994.
Any person who violates ' 22-19A-1 when there is a temporary restraining order, or an injunction, or a protection order, in effect prohibiting the behavior described in ' 22-19A-1 against the same party, is guilty of a Class 6 felony.
' 22-19A-3. Subsequent convictions as felony. 1993.
A second or subsequent conviction occurring within seven years of a prior conviction under ' 22-
19A-1, 22-19A-2 or 22-19A-7 against the same victim, and involving an act of violence, or a credible threat of violence, is guilty of a Class 5 felony.
' 22-19A-4. "Harasses" defined. 1993.
For the purposes of this chapter, "harasses" means a knowing and willful course of conduct directed at a specific person which seriously alarms, annoys, or harasses the person, and which serves no legitimate purpose.
' 22-19A-5. "Course of conduct" defined.
For the purposes of this chapter, "course of conduct@ means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of "course of conduct."
' 22-19A-6. "A credible threat" defined.1993.
For the purposes of this chapter, "a credible threat" means a threat made with the intent and the apparent ability to carry out the threat. A credible threat need not be expressed verbally.
' 22-19A-7. Stalking a child twelve or younger - Misdemeanor. 1993.
Any person who willfully, maliciously and repeatedly follows or harasses a child twelve years of age or younger or who makes a credible threat to a child twelve years of age or younger with the intent to place that child in reasonable fear of death or great bodily injury or to reasonably fear for the child's safety is guilty of the crime of stalking. Stalking is a Class 1 misdemeanor.
Legislative Update: On February 8, 2002, South Dakota's governor signed HB 1016 which eliminated filing and service fees relating to stalking and domestic abuse protection orders. In addition, HB 1138 increased the crime of stalking of a child aged twelve or younger from a misdemeanor to a Class 6 felony. A person who violates this provision is now guilty of felony stalking.
