21.69.12 96th Legislative Session 159
Introduced by: Representative Reed
An Act to increase the enhanced penalty for the crime of simple assault.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 22-18-1 be AMENDED.
22-18-1. Simple assault--Violation as misdemeanor--Third or subsequent offense a felony.
A person is guilty of simple assault, a Class 1 misdemeanor, if the person:
(1) Attempts to cause bodily injury to another and has the actual ability to cause the injury;
(2) Recklessly causes bodily injury to another;
(3) Negligently causes bodily injury to another with a dangerous weapon;
(4) Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or
(5) Intentionally causes bodily injury to another which does not result in serious bodily injury.
If the defendant has been convicted of, or entered a plea of guilty to, two or more violations of simple assault under this section, simple assault or aggravated assault under § 22-18-1.05, aggravated assault under § 22-18-1.1, assault under § 22-18-26, intentional contact with bodily fluids under § 22-18-26.1, or assault under § 22-18-29, within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.
Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of a crime described in 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 subsequent offense.
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.