South Dakota statute
SDCL § 22-35-9 — Misrepresentation of a service animal--Public accommodation--Penalty
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 35: Criminal Trespass, South Dakota Codified Laws.
Criminal charges under this statute
Full text of SDCL § 22-35-9
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.
An individual may not, directly or indirectly through statements or conduct, intentionally misrepresent an animal in that individual's possession as a service animal in any place of public accommodation to obtain any rights or privileges available to an individual who qualifies for a service animal under state or federal law, knowing that the individual is not entitled to those rights or privileges.
A violation of this section is a Class 2 misdemeanor.
For purposes of this section, "service animal" means a dog that is trained to do work or perform tasks for the benefit of an individual with a disability, as set forth in 28 C.F.R. § 36.104 (January 1, 2026), provided the work or tasks performed by the dog are directly related to the individual's disability. The crime deterrent effects of a dog's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.
Official sources
Legal terms used in this section
Questions this section answers
Is misrepresentation of a service animal a felony or a misdemeanor in South Dakota?
Misrepresentation of a service animal is a Class 2 Misdemeanor in South Dakota under SDCL § 22-35-9.
Which South Dakota statute covers misrepresentation of a service animal?
Misrepresentation of a service animal is governed by SDCL § 22-35-9 (Misrepresentation of a service animal--Public accommodation--Penalty).
This reference is informational and is not legal advice.