An Act to include out-of-state convictions for the basis of an enhanced penalty for the crime of stalking.

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

Section 1. That § 22-19A-1 be AMENDED:

22-19A-1. Stalking--Violation as misdemeanor--Second or subsequent offense a felony.

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.

Section 2. That § 22-19A-3 be AMENDED:

22-19A-3. Stalking--Subsequent convictions--Violation as felony.

A person who commits has a second or subsequent conviction occurring within seven years of a prior conviction under § 22-19A-1, 22-19A-2, or 22-19A-7 against the same victim, and involving an act of violence, or a credible threat of violence, is guilty of a Class 5 felony. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be eligible for an enhancement under this section a violation of § 22-19A-1, 22-19A-2, or 22-19A-7 and involving an act of violence, or a credible threat of violence, and occurring within seven 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.