South Dakota statute
SDCL § 22-19A-1 — Stalking--Violation as misdemeanor--Second or subsequent offense a felony
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 19A: Stalking, South Dakota Codified Laws.
Criminal charges under this statute
Full text of SDCL § 22-19A-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.
No person may:
(1) Willfully, maliciously, and repeatedly follow or harass another person;
(2) Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or
(3) Willfully, maliciously, and repeatedly harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication.
A violation of this section constitutes the crime of stalking. Stalking is a Class 1 misdemeanor. However, any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of 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 second or subsequent offense.
Official sources
Legal terms used in this section
Questions this section answers
Is stalking a felony or a misdemeanor in South Dakota?
It depends on the circumstances: stalking ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-19A-1.
Stalking (first offense): Class 1 Misdemeanor (SDCL § 22-19A-1) · Stalking (second or subsequent offense): Class 6 Felony (SDCL § 22-19A-1)
Which South Dakota statute covers stalking?
Stalking is governed by SDCL § 22-19A-1 (Stalking--Violation as misdemeanor--Second or subsequent offense a felony).
This reference is informational and is not legal advice.