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South Dakota statute

SDCL § 22-18-1 — Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 18: Assaults And Personal Injuries, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-18-1

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 22-18-1Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
A person is guilty of simple assault, a Class 1 misdemeanor, if the person: (1) Attempts to cause bodily injury to another and has the actual ability to cause the injury; (2) Recklessly causes bodily injury to another; (3) Negligently causes bodily injury to another with a dangerous weapon; (4) Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or (5) Intentionally causes bodily injury to another which does not result in serious bodily injury. If the defendant has been convicted of, or entered a plea of guilty to, two or more violations of simple assault under this section, simple assault or aggravated assault under § 22-18-1.05, aggravated assault under § 22-18-1.1, assault under § 22-18-26, intentional contact with bodily fluids under § 22-18-26.1, or assault under § 22-18-29, within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of a crime described in 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 subsequent offense.

Official sources

Legal terms used in this section

Questions this section answers

Is simple assault a felony or a misdemeanor in South Dakota?

It depends on the circumstances: simple assault ranges from a Class 1 Misdemeanor to a Class 4 Felony in South Dakota under SDCL § 22-18-1.

Simple assault (base offense): Class 1 Misdemeanor (SDCL § 22-18-1) · Simple assault — third offense: Class 6 Felony (SDCL § 22-18-1) · Simple assault — fourth offense: Class 5 Felony (SDCL § 22-18-1) · Simple assault — fifth or subsequent offense: Class 4 Felony (SDCL § 22-18-1)

Which South Dakota statute covers simple assault?

Simple assault is governed by SDCL § 22-18-1 (Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states).

This reference is informational and is not legal advice.