22.805.12 97th Legislative Session 339
ENTITLED An Act to prohibit forms of caller identification manipulation and to impose a penalty therefor.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 49-31-31 be AMENDED:
49-31-31. It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes:
(1) To contact another person with intent to terrorize, intimidate, threaten, harass, or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act;
(2) To contact another person with intent to threaten to inflict physical harm or injury to any person or property;
(3) To contact another person with intent to extort money or other things of value;
(4) To contact another person with intent to disturb that person by repeated anonymous telephone calls or intentionally failing to replace the receiver or disengage the telephone connection; or
(5) Except as allowed in section 2 of this Act, to contact or to attempt to contact another person and, in so doing, intentionally cause to be displayed as caller identification, a fictitious or misleading name or telephone number:
(a) To defraud, cause harm, or wrongfully obtain anything of value from another person; or
(b) Of another person who has not granted the person the right to display that other person's name or phone number, as applicable.
It is a Class 1 misdemeanor for a person to knowingly permit a telephone or other electronic communication device under his or her control to be used for a purpose prohibited by this section.
Section 2. That chapter 49-31 be amended with a NEW SECTION:
The provisions of subdivision 49-31-31(5) do not apply to:
(1) An authorized activity of a law enforcement agency;
(2) Any investigative, protective, or intelligence activity of a law enforcement agency of the United States, this state or its political subdivisions, or another state or its political subdivisions; or an intelligence agency of the United States;
(3) A protective services or domestic violence shelter or facility;
(4) A telecommunications company in:
(a) Blocking or restricting the name or phone number from being displayed by caller identification equipment or devices; or
(b) Displaying caller identification data sent to the company from the caller; or
(5) Any activity pursuant to a court order that specifically authorizes the use of caller identification manipulation.
An Act to prohibit forms of caller identification manipulation and to impose a penalty therefor.
I certify that the attached Act originated in the:
Speaker of the House
President of the Senate
Secretary of the Senate
File No. ____
Chapter No. ______
Received at this Executive Office
this _____ day of _____________,
2022 at ____________M.
for the Governor
The attached Act is hereby
approved this ________ day of
______________, A.D., 2022
Filed ____________, 2022
at _________ o'clock __M.
Secretary of State
Asst. Secretary of State