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South Dakota statute

SDCL § 22-19A-16 — Protection order--Violation--Penalty

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-16

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 § 22-19A-16Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
If a temporary protection order or a protection order is granted pursuant to §§ 22-19A-8 to 22-19A-16, inclusive, and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor. If the acts constituting a violation of this section also constitute an assault, as defined in § 22-18-1, the violation of this section is a Class 6 felony. If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, § 21-65-19, or § 25-10-13, or the comparable laws of any other state, within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for a third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense. Any proceeding under §§ 22-19A-8 to 22-19A-16, inclusive, is in addition to other civil or criminal remedies.

Official sources

Legal terms used in this section

Questions this section answers

Is protection order a felony or a misdemeanor in South Dakota?

It depends on the circumstances: protection order ranges from a Class 1 Misdemeanor to a Class 4 Felony in South Dakota under SDCL § 22-19A-16.

Violation of protection order (basic): Class 1 Misdemeanor (SDCL § 22-19A-16) · Third offense within ten years: Class 6 Felony (SDCL § 22-19A-16) · Fourth offense within ten years: Class 5 Felony (SDCL § 22-19A-16) · Fifth or subsequent offense within ten years: Class 4 Felony (SDCL § 22-19A-16)

Which South Dakota statute covers protection order?

Protection order is governed by SDCL § 22-19A-16 (Protection order--Violation--Penalty).

This reference is informational and is not legal advice.