An Act to revise provisions regarding hate crimes.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 22-19B-1 be AMENDED.

22-19B-1. Malicious intimidation or harassment--Felony.

No A person may is guilty of a Class 6 felony if the person maliciously and with the specific intent to intimidate or harass any other person or specific group of persons in whole or in part because of that person's or group of persons' actual or perceived race, color, ethnicity, religion, ancestry, or national origin, disability, sex, sexual orientation, gender identity, or identification as a Native American Two-Spirit:

(1) Cause Causes physical injury to another person; or

(2) Deface Defaces any real or personal property of another person; or

(3) Damage Damages or destroy destroys any real or personal property of another person; or

(4) Threaten Threatens, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts prohibited in subdivision (1), (2), or (3) of this section will occur.

A violation of this section is a Class 6 felony. For purposes of this section, Native American Two-Spirit means a culturally and spiritually distinct gender traditionally recognized among Native American nations.