An Act to establish the crime of hazing and to provide a penalty therefor.

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

Section 1. That chapter 22-18 be amended with a NEW SECTION:

A person commits an act of hazing when, during a student's initiation or admission into any organization operating in connection with a school, college, or university, the person engages in conduct involving forced activity that endangers the physical health or safety of the student or that subjects the student to extreme mental stress. A person who recklessly engages in hazing is guilty of a Class 2 misdemeanor. A person who commits an intentional act of hazing is guilty of a Class 1 misdemeanor. A person who maliciously engages in hazing and by that conduct causes serious bodily injury to the student, is guilty of a Class 6 felony.

For purposes of this section, the term, forced activity, means any activity that is a condition of initiation or admission into the organization, regardless of the student's willingness to participate in the activity.

If a person is charged with hazing under this section, no other violation under this chapter may be charged for the same course of conduct.