(SB 43)
Criminal code revised.
Section
1.
That
§
22-18-1
be amended to read as follows:
22-18-1.
Any person who:
Section
2.
That
§
22-18-1.1
be amended to read as follows:
22-18-1.1.
Any person who:
Section
3.
That chapter
22-18
be amended by adding thereto a NEW SECTION to read as
follows:
Section
4.
That
§
22-18-1.2
be amended to read as follows:
22-18-1.2.
Any person who assaults a pregnant woman and inflicts bodily injury on an unborn
child who is subsequently born alive is guilty of simple assault.
Bodily
For the purposes of this
section, the term, bodily
injury
,
does not include the inducement of the unborn child's birth
when
if
done for bona fide medical purposes.
Section
5.
That
§
22-18-1.3
be amended to read as follows:
22-18-1.3.
Any person who assaults a pregnant woman and inflicts
great
serious bodily injury
on an unborn child who is subsequently born alive is guilty of aggravated assault.
Section
6.
That
§
22-18-2
be amended to read as follows:
22-18-2.
To use or attempt
to use
or offer to use force or violence upon or toward the person
of another is not unlawful
when
if
necessarily committed by a public officer in the performance
of any legal duty or by any other person assisting
him
the public officer
or acting by
his
the public
officer's
direction.
Section
7.
That
§
22-18-3
be amended to read as follows:
22-18-3.
To use or attempt
to use
or offer to use force or violence upon or toward the person
of another is not unlawful
when
if
necessarily committed by any person in arresting
one
someone
who has committed any felony
, and
or in
delivering
him
that person
to a public officer competent
to receive him
or her
in custody.
Section
8.
That
§
22-18-4
be amended to read as follows:
22-18-4.
To use or attempt
to use
or offer to use force or violence upon or toward the person
of another is not unlawful
when
if
committed either by
the party
any person
about to be injured,
or by any other person in
his
the
aid or defense
of a person about to be injured
, in preventing or
attempting to prevent an offense against his
or her own
person
,
or
in preventing
any trespass or
other unlawful interference with real or personal property in his
or her
lawful possession
;
provided
. However,
the force or violence used
is not
cannot be
more than
that
sufficient to prevent
such offense.
Section
9.
That
§
22-18-5
be amended to read as follows:
22-18-5.
To use or attempt
to use
or offer to use force upon or toward the person of another is
not unlawful if committed by a parent or the authorized agent of any parent, or by any guardian,
teacher, or other school official, in the exercise of a lawful authority to restrain or correct
his
the
child
, pupil,
or ward and if restraint or correction has been rendered necessary by the misconduct
of
such
the
child
, pupil,
or ward, or by
his
the child's
refusal to obey the lawful command of such
parent, or authorized agent, guardian, teacher, or other school official, and the force used is
reasonable in manner and moderate in degree.
Section
10.
That
§
22-18-6
be amended to read as follows:
Section
11.
That
§
22-18-26
be amended to read as follows:
22-18-26.
Any convicted person
or any incarcerated person
under the jurisdiction of the
Department of Corrections who intentionally throws, smears,
spits,
or otherwise causes blood,
emesis
vomit, saliva
, mucus, semen, excrement,
urine,
or human waste to come in contact with a
Department of Corrections employee, or visitor, or
volunteer
other person
authorized by the
Department of Corrections
, or person under contract assigned to the Department of Corrections
to be on the premises,
is guilty of a Class 6 felony.
Section
12.
That
§
22-18-26.1
be amended to read as follows:
22-18-26.1.
Any person who, with the intent to assault, throws, smears,
spits,
or causes human
blood,
emesis
vomit, saliva
, mucus, semen, excrement,
urine,
or human waste to come in contact
with
a law enforcement officer as defined in subdivision 22-1-2(22), a firefighter, a court services
officer or designee, or an emergency medical technician, while performing official duties or actions
any other person
, is guilty of a Class 1 misdemeanor.
Section
13.
That
§
22-18-27
be repealed.
Section
14.
That
§
22-18-28
be repealed.
Section
15.
That
§
22-18-29
be amended to read as follows:
22-18-29.
Any adult confined in a county or municipal jail who intentionally throws, smears,
spits,
or otherwise causes blood,
emesis
vomit, saliva
, mucus, semen, excrement,
urine,
or human
waste to come in contact with a county or municipal jail employee, or visitor, or
volunteer
other
person
authorized by the county or municipal jail
, or person under contract assigned to the county
or municipal jail
to be on the premises,
is guilty of a
Class 1 misdemeanor
Class 6 felony
.
Section
16.
That
§
22-18-29.1
be amended to read as follows:
22-18-29.1.
Any juvenile confined in a juvenile detention facility
or a juvenile corrections
facility established and maintained in accordance with
§
26-11A-1
who intentionally throws,
smears,
spits,
or otherwise causes blood,
emesis
vomit, saliva
, mucus, semen, excrement,
urine,
or human waste to come in contact with a juvenile detention
or juvenile corrections
facility
employee, or visitor, or
volunteer
other person
authorized by the juvenile detention
or juvenile
corrections
facility
, or person under contract assigned to the juvenile detention facility
to be on the
premises,
is guilty of a
Class 2 misdemeanor
Class 6 felony
.
Section
17.
That
§
22-18-31
be amended to read as follows:
22-18-31.
Any person who, knowing himself or herself to be infected with HIV, intentionally
exposes another person to infection by:
Section
18.
That
§
22-18-33
be amended to read as follows:
22-18-33.
It is an affirmative defense to prosecution
under
pursuant to
§ 22-18-31, if
it is
proven by a preponderance of the evidence, that the person exposed to HIV knew that the infected
person was infected with HIV, knew that the action could result in infection with HIV, and gave
advance consent to the action with that knowledge.
Section
19.
That
§
22-22-15
be amended to read as follows:
22-22-15.
Any person who, while married to another presently living person, marries any other
person, is guilty of bigamy.
This section does
The provisions of this section do
not apply to:
Section
20.
Any persons, eighteen years of age or older, who knowingly engage in a mutually
consensual act of sexual penetration with each other:
Section
21.
Any person who knowingly engages in an act of sexual penetration with a person
who:
Section
22.
That
§
22-22-19.1
be repealed.
Section
23.
The code counsel shall transfer
§
22-22-15 and sections 20 and 21 of this Act to
a newly created chapter in title 22 entitled "Offenses Against the Family" and shall renumber the
sections accordingly and adjust all appropriate cross references.
Section
24.
That
§
22-30-1
be amended to read as follows:
22-30-1.
Robbery is the intentional taking of personal property, regardless of value, in the
possession of another from
his
the other's
person or immediate presence, and against
his
the other's
will, accomplished by means of force or fear
of force
, unless the property is taken pursuant to
process or otherwise pursuant to
law
or process of law
.
Section
25.
That
§
22-30-2
be amended to read as follows:
22-30-2.
To constitute robbery,
the
force or fear
of force
must be employed either to obtain or
retain possession of the property or to prevent or overcome resistance to the taking. If employed
merely as a means of escape, it does not constitute robbery.
When force is so employed as to
constitute robbery, the
The
degree of force employed
to constitute robbery
is immaterial.
Section
26.
That
§
22-30-3
be amended to read as follows:
22-30-3.
The fear
of force
which constitutes an element of the offense of robbery may be
either:
22-30-4.
The taking of property from the person of another or in
his
the
immediate presence
of the person
is not robbery
when
if
it clearly appears that the taking was fully completed without
his
the person's
knowledge.
Section
28.
That
§
22-30-6
be amended to read as follows:
22-30-6.
Robbery
when
, if
accomplished by the use of
force or by putting the person robbed
in fear of some immediate injury to his person
a dangerous weapon,
is robbery in the first degree.
When
Robbery, if
accomplished in any other manner,
it
is robbery in the second degree.
Section
29.
That
§
22-30-11
be repealed.
Section
30.
That
§
22-29-1
be amended to read as follows:
Section
31.
That
§
22-29-2
be amended to read as follows:
22-29-2.
An
Any
unqualified statement of that which
one
a person
does not know or reasonably
believe to be true is equivalent to a statement of that which
one
a person
knows to be false.
Section
32.
That
§
22-29-3
be amended to read as follows:
22-29-3.
It is no defense to a prosecution for perjury that the accused was not competent to give
the testimony, deposition, or certificate of which falsehood is alleged. It is sufficient that
he
the
accused
actually was required to give such testimony or made such deposition or certificate.
Section
33.
That
§
22-29-4
be amended to read as follows:
22-29-4.
It is no defense to a prosecution for perjury that the accused did not know the
materiality of the false statement
made by him
, or that
it
the false statement
did not in fact affect
the proceeding in or for which
it
the false statement
was made. It is sufficient that
it
the false
statement
was material and might have been used to affect such proceeding.
Section
34.
That
§
22-29-5
be amended to read as follows:
22-29-5.
Perjury:
22-29-6.
Any person who intentionally procures another person to commit any perjury is guilty
of subornation of perjury.
Subornation of perjury is punishable in the same manner as perjury, and
as if the suborner were personally guilty of the perjury procured.
Section
36.
That
§
22-29-7
be repealed.
Section
37.
That
§
22-29-8
be amended to read as follows:
22-29-8.
The term
,
"
oath
"
,
as used in this chapter
,
includes
an
any
affirmation, and every other
mode of attesting the truth of that which is stated, which is authorized by law. It is no defense that
an
the
oath was administered or taken in an irregular manner.
Section
38.
That
§
22-29-9
be amended to read as follows:
22-29-9.
So much of an oath of office as relates to future performance of official duty is not
sufficient to constitute perjury or subornation.
Section 39. That § 22-29-9.1 be amended to read as follows:
Section
40.
That
§
22-29-10
be amended to read as follows:
22-29-10.
The making of
a
any
deposition or certificate is deemed to be complete, within the
provisions of this chapter, from the time when it is delivered by the accused to any other person
with intent that it be uttered or published as true.
Section
41.
That
§
22-29-11
be amended to read as follows:
22-29-11.
It shall be unlawful for any
No
person
to
may
knowingly make or execute a false
statement, instrument, document, or representation, or to use any other fraudulent device, and
thereby obtain money, property, or other assistance to which
he
that person
is not entitled, from
any program provided for by Title 26, 27A, 27B, or 28, of the South Dakota Codified Laws, or
otherwise administered by the South Dakota Department of Social Services.
Section
42.
That
§
22-29-12
be amended to read as follows:
22-29-12.
It shall be unlawful for any
No
person
to
may
knowingly fail to report any change
in circumstances which would affect
his
that person's
eligibility for money, property, or other
assistance, and thereby obtain money, property, or other assistance to which
he
that person
is not
entitled, from any program provided for by Title 26, 27A, 27B, or 28, of the South Dakota
Codified Laws, or otherwise administered by the South Dakota Department of Social Services.
Section
43.
That
§
22-29-13
be amended to read as follows:
22-29-13.
For
purpose
the purposes
of §§ 22-29-11 to 22-29-17, inclusive, any person who
receives money, property, or services, on behalf of any other person, from any program covered
by such sections, shall be considered to have received such money for himself
or herself
.
Section
44.
That
§
22-29-14
be amended to read as follows:
22-29-14.
Any person who attempts to obtain any money, property, or other assistance, in
violation of § 22-29-11 or 22-29-12, but does not thereby obtain any such money, property, or
services,
shall be
is
guilty of a Class 1 misdemeanor.
Section
45.
That
§
22-29-15
be amended to read as follows:
22-29-15.
Any person who violates § 22-29-11 or 22-29-12 and thereby obtains money,
property, or other assistance to which
he
such person
is not entitled with a value of two hundred
dollars or less
shall be
is
guilty of a Class 1 misdemeanor.
Section
46.
That
§
22-29-16
be amended to read as follows:
22-29-16.
Any person who violates § 22-29-11 or 22-29-12 and thereby obtains money,
property, or other assistance to which
he
such person
is not entitled with a value of more than two
hundred dollars
shall be
is
guilty of a Class 6 felony.
22-29-17.
Amounts involved in violations of § 22-29-11
and
or
22-29-12,
or both,
committed
pursuant to one scheme or course of conduct, may be aggregated in determining the degree of the
offense.
Section
48.
That
§
22-29-18
be amended to read as follows:
22-29-18.
It is sufficient for a conviction
of any offense
under this chapter that a finding of
guilt is based upon admissible evidence
and no
. No
minimum number of witnesses
may be
is
required. In reviewing the sufficiency of the evidence of a conviction under this chapter, the court
shall only consider whether there is evidence in the record which, if believed by the trier of fact,
is sufficient to sustain a finding of guilty beyond a reasonable doubt.
Section
49.
That
§
22-30A-1
be amended to read as follows:
22-30A-1.
Any person who takes, or exercises
unauthorized
control over, property of another
,
with intent to deprive
him
that person
of
it
the property
, is guilty of theft.
Section
50.
That
§
22-30A-2
be amended to read as follows:
22-30A-2.
Any person who transfers property of another, or any interest
therein
in the property
of another
, with intent to benefit
himself
the transferor
or another
who is
not entitled thereto, is
guilty of theft.
Section
51.
That
§
22-30A-2.1
be repealed.
Section
52.
That
§
22-30A-3
be amended to read as follows:
22-30A-3.
Any person who obtains property of another by deception is guilty of theft. A
person deceives if
,
with intent to defraud
he
, that person
:
Section
53.
That
§
22-30A-4
be amended to read as follows:
22-30A-4.
A person is guilty of theft if
he
the person
obtains property of another by threatening
to:
22-30A-6.
Any person who comes into control of property of another that
he
the person
knows
to have been lost, estrayed, mislaid, or delivered under a mistake as to the nature or amount of the
property or the identity of the recipient, is guilty of theft if, with intent to deprive the owner
thereof,
he
the person
fails to take reasonable measures to restore the property to a person entitled
to have
it
the property
.
Section
55.
That
§
22-30A-7
be amended to read as follows:
22-30A-7.
Any person who receives, retains, or disposes of property of another knowing that
it
the property
has been stolen, or believing that
it
the property
has probably been stolen, unless
the property is received, retained, or disposed of with the intent to restore
it
the property
to the
owner, is guilty of theft.
Section
56.
That
§
22-30A-8
be amended to read as follows:
22-30A-8.
Any person is guilty of theft if
he
that person
intentionally obtains property or
service which
he
that person
knows is available only for compensation, by deception, threat, or
other means to avoid payment for the service or property.
Section
57.
That
§
22-30A-8.1
be amended to read as follows:
22-30A-8.1.
Any person who
,
by use of a credit card issued to another person
,
without the
consent of the person to whom issued, or by use of a credit card which has been revoked or
canceled or has expired, or by use of a falsified, mutilated, altered, or counterfeit credit card
obtains property or services on credit, is guilty of theft.
Section
58.
That
§
22-30A-9
be amended to read as follows:
22-30A-9.
Any person who, having control over the disposition of services of others, to which
he
that person
is not entitled, diverts such services to his
or her
own benefit or to the benefit of
another not entitled thereto, is guilty of theft.
Section
59.
That
§
22-30A-10
be amended to read as follows:
22-30A-10.
Any person, who has been entrusted with the property of another
,
and
who, with
intent to defraud, appropriates such property to a use or purpose not in the due and lawful
execution of his
or her
trust, is guilty of theft. A distinct act of taking is not necessary to constitute
theft
under
pursuant to
this section.
Section
60.
That
§
22-30A-10.1
be amended to read as follows:
22-30A-10.1.
If
a
any
person, who has been accused of theft, restores or returns the property
allegedly
appropriated
stolen
before an indictment or information is laid before a magistrate, such
fact may be considered in mitigation of punishment. The restoration or return of the property is not
a defense nor may it be considered by the finder of fact.
Section
61.
That
§
22-30A-11
be amended to read as follows:
22-30A-11.
Any person convicted of theft under § 22-30A-10 for unlawfully obtaining
property of this state, of any of its political subdivisions, or of any agency or fund in which the
state or its people are interested shall, in addition to the punishment prescribed by § 22-30A-17 and
chapter 22-6, be disqualified from holding any public office, elective or appointive, under the laws
of this state, so long as
he
that person
remains a defaulter to this state or any of its political
subdivisions, agencies, or funds.
Section
62.
That
§
22-30A-12
be amended to read as follows:
22-30A-12.
Any person who, without the intent to deprive the owner thereof, operates another's
motor vehicle or vessel without
the
consent of the owner, is guilty of a Class 1 misdemeanor.
Section
63.
That
§
22-30A-13
be amended to read as follows:
22-30A-13.
Any person who intentionally converts to his
or her
own use any leased or rented
personal property, after receiving proper notice demanding the return of the property following
expiration of the lease or rental agreement, is guilty of theft.
Proper
For the purposes of this
section, the term, proper
notice
,
means a written demand for the return of the property addressed
and mailed by certified or registered mail to the lessee or renter or personal service of such written
demand in the manner provided for service of a summons.
Section
64.
That
§
22-30A-14
be amended to read as follows:
22-30A-14.
The following factors
,
taken as a whole
shall be
, constitute
an affirmative defense
to a prosecution commenced under § 22-30A-13:
22-30A-15.
Conduct
denominated
constituting
theft
in
pursuant to
this chapter constitutes a
single offense including
, but not limited to, the
any
separate offenses committed or charged before
the effective date of this chapter and known as larceny, embezzlement, extortion, fraudulent
conversion, false pretense, and receiving stolen property. An accusation of theft may be supported
by evidence that
it
the theft
was committed in any manner that would be theft under this chapter,
notwithstanding the specification of a different manner in the indictment or information, subject
only to the power of a court to ensure a fair trial by granting a continuance or other appropriate
relief
where
if
the conduct of the defense would be prejudiced by lack of fair notice or by surprise.
Section
66.
That
§
22-30A-16
be amended to read as follows:
22-30A-16.
It is an affirmative defense to a prosecution for theft that the
actor
defendant
:
22-30A-17.
Theft is grand theft, if
the property stolen
:
Section
68.
That chapter
22-30A
be amended by adding thereto a NEW SECTION to read as
follows:
Section
69.
That chapter
22-30A
be amended by adding thereto a NEW SECTION to read as
follows:
Section
70.
That chapter
22-30A
be amended by adding thereto a NEW SECTION to read as
follows:
Section
71.
That
§
22-30A-18
be amended to read as follows:
22-30A-18.
Amounts involved in thefts
, whether from the same person or several persons,
committed pursuant to one scheme or course of conduct,
whether from the same person or several
persons,
may be aggregated in determining the degree of the offense.
Section
72.
That
§
22-30A-19.1
be amended to read as follows:
22-30A-19.1.
Any adult
,
or
any
emancipated minor as defined in § 25-5-24
,
or
the parents
any
parent
or guardian of any unemancipated minor
,
who takes possession of any goods, wares, or
merchandise displayed or offered for sale by
the
a
store or other mercantile establishment without
the consent of the owner or seller
,
and with the intention of converting the goods to the person's
own use without having paid the purchase price
,
is liable to the owner or seller for the retail value
of the merchandise, regardless of whether
or not
the merchandise has been recovered in
undamaged condition by the
merchant
owner or seller
. In addition, the
merchant
owner or seller
is entitled to a penalty of four times the retail value of the merchandise, or one hundred dollars,
whichever is greater.
Section
73.
That
§
22-30A-19.2
be amended to read as follows:
22-30A-19.2.
Any
merchant
owner or seller of merchandise,
who has reasonable grounds to
believe that a person has committed retail theft
pursuant to
§
22-30A-19.1,
may detain such person,
on or off the premises of a retail mercantile establishment, in a reasonable manner and for a
reasonable length of time:
Section
74.
That
§
22-30A-19.3
be amended to read as follows:
22-30A-19.3.
Any
person
owner or seller of merchandise
who is the victim of retail theft
pursuant to
§
22-30A-19.1
may make a written demand for the amount for which
the person who
committed the act
any person
is liable
under
pursuant to
§ 22-30A-19.1. Except for a sole
proprietorship, a member of management
,
other than the initial detaining person, shall evaluate the
validity of the accusation that
the person committed the
an
act
of retail theft was committed
and
shall approve the accusation before a written demand for payment is issued. The demand for
payment shall be mailed by certified mail to the person from whom payment is demanded or served
personally on the person from whom payment is demanded. Personal service shall be accomplished
in the same manner as the service of a summons.
Section
75.
That
§
22-30A-19.4
be amended to read as follows:
22-30A-19.4.
If the person to whom a written demand is made
under
pursuant to
§ 22-30A-
19.3 complies by making full payment of the amount required by the written demand within thirty
days after its receipt, that person incurs no further civil liability to the
merchant
owner or seller of
the merchandise
. However, if the person to whom a written demand is made fails to make full
payment pursuant to that written demand
,
then the penalty allowed in § 22-30A-19.1 may be
doubled.
Section
76.
That
§
22-30A-20
be amended to read as follows:
22-30A-20.
A
Any
person who receives, retains, or disposes of United States Department of
Agriculture commodities which have been transferred to the State of South Dakota, who is not
entitled to possess those commodities, either as an eligible recipient of commodities pursuant to
7 CFR 250.3 as effective on January 1, 1981, or as a purchaser of commodities which have been
released for sale due to condition or damage and have been plainly marked as available for sale to
the public, is guilty of theft.
Section
77.
That
§
22-30A-21
be amended to read as follows:
22-30A-21.
No state, county, or municipal law enforcement officer may retain or dispose of
property that has been seized or confiscated unless
he
the law enforcement officer
retains or
disposes of such property pursuant to law or a court order. A violation of this section constitutes
theft pursuant to § 22-30A-1.
Section
78.
That
§
22-30A-22
be repealed.
Section
79.
That
§
22-30A-23
be repealed.
Section
80.
That
§
22-30A-3.1
be amended to read as follows:
22-30A-3.1.
A person commits the offense of identity theft if the
If any
person
,
without the
authorization or permission of another person and with the intent to deceive or defraud:
Section
81.
That
§
22-30A-3.2
be amended to read as follows:
22-30A-3.2.
For the purposes of §§ 22-30A-3.1 to 22-30A-3.3, inclusive, identifying
information includes:
22-30A-3.3.
In any criminal proceeding brought pursuant to § 22-30A-3.1, the crime
shall
may
be considered to have been committed in any county in which any part of the identity theft took
place, regardless of whether the defendant was ever actually in such county.
Section
83.
The code counsel shall transfer
§
§
22-30A-3.1 to 22-30A-3.3, inclusive, to chapter
22-40 and shall renumber the sections accordingly and adjust all appropriate cross references.
Section
84.
That
§
22-30A-8.2
be amended to read as follows:
22-30A-8.2.
Terms used in §§ 22-30A-8.2 to 22-30A-8.5, inclusive, mean:
Section
86.
That chapter
22-33
be amended by adding thereto a NEW SECTION to read as
follows:
Section
87.
That chapter
22-33
be amended by adding thereto a NEW SECTION to read as
follows:
Section
88.
That chapter
22-33
be amended by adding thereto a NEW SECTION to read as
follows:
Section
89.
That chapter
22-33
be amended by adding thereto a NEW SECTION to read as
follows:
Section
90.
That chapter
22-33
be amended by adding thereto a NEW SECTION to read as
follows:
Section
91.
That
§
22-33-1
be repealed.
Section
92.
That
§
22-33-2
be repealed.
Section
93.
That
§
22-33-3
be repealed.
Section
94.
That
§
22-33-4
be repealed.
Section
95.
That
§
22-33-9
be repealed.
Section
96.
That
§
22-33-10
be amended to read as follows:
22-33-10.
Any person who intentionally and without authorization of the person in charge of
a place of confinement, sets fire to, burns, or causes to be burned any material, object, or substance
within a structure knowing there is lawfully confined therein any person, is guilty of a
Class 4
Class 6
felony.
22-34-1.
Any person who
intentionally
, with specific intent to do so,
injures, damages, or
destroys public
destroys:
Section
98.
That
§
22-34-1.1
be amended to read as follows:
22-34-1.1.
The injuries, damages, or destruction resulting from violations of § 22-34-1
committed pursuant to one scheme or course of conduct may be aggregated
when determining
to
determine
the degree of the offense
regardless of
whether such injuries, damage, or destruction
affected the property of one or more persons.
Section
99.
That
§
22-34-2
be repealed.
Section
100.
That
§
22-34-27
be amended to read as follows:
22-34-27.
Any person who, with intent to cause damage, deposits, throws, or propels any
substance upon any highway, roadway, runway, or railroad tracks, or at any vehicle while such
vehicle is either in motion or stationary, is guilty of a Class 1 misdemeanor.
Section
101.
That
§
22-34-28
be amended to read as follows:
22-34-28.
Any person who
intentionally
,
by any means,
or
knowingly
by damaging or
tampering
damages or tampers
with any property
and, as a direct result
:
Section
103.
That
§
22-39-36
be amended to read as follows:
22-39-36.
Any person who, with intent to defraud, falsely makes, completes, or alters a written
instrument of any kind, or passes
such an
any forged
instrument
of any kind
is guilty of forgery.
Forgery is a Class 5 felony.
Section
104.
That
§
22-39-38
be amended to read as follows:
22-39-38.
Any person who
possesses a forged instrument
, with the intent to defraud, possesses
any forged instrument with the knowledge that the instrument has been forged
is guilty of
a Class
6 felony. No person shall be convicted under this section unless he possesses the forged instrument
with knowledge that it is forged and with intent to defraud
possessing a forged instrument.
Possessing a forged instrument is a Class 6 felony
.
Section
105.
That
§
22-39-37
be amended to read as follows:
22-39-37.
Any person who:
Section
106.
The code counsel shall transfer
§
22-39-37 to chapter 22-40 and shall renumber
the section accordingly and adjust all appropriate cross references.
Section
107.
That
§
22-32-1
be amended to read as follows:
22-32-1.
Any person who enters
or remains in
an occupied structure, with intent to commit any
crime
other than the act of shoplifting or retail theft as described in chapter 22-30A constituting
a misdemeanor, or remains in an occupied structure after forming the intent to commit any crime
other than shoplifting or retail theft as described in chapter 22-30A constituting a misdemeanor
,
unless the premises are, at the time, open to the public or the person is licensed or privileged to
enter or remain
, is guilty of first degree burglary
when
if
:
Section
108.
That
§
22-32-3
be amended to read as follows:
Section
109.
That
§
22-32-8
be amended to read as follows:
22-32-8.
Any person who enters
or remains in
an unoccupied structure,
other than a motor
vehicle,
with intent to commit any crime
other than the act of shoplifting or retail theft as described
in chapter 22-30A constituting a misdemeanor, or remains in an unoccupied structure after forming
the intent to commit any crime other than shoplifting as described in chapter 22-30A constituting
a misdemeanor
, unless the premises are, at the time, open to the public or the person is licensed
or privileged to enter or remain
, is guilty of third degree burglary. Third degree burglary is a Class
4 felony.
Section
110.
That
§
22-32-15
be amended to read as follows:
22-32-15.
The
word
term
, nighttime,
as used
in this chapter
includes
, means
the period between
thirty minutes past
sunset and
thirty minutes before
sunrise.
Section
111.
That
§
22-32-17
be amended to read as follows:
22-32-17.
Any person who has in his
or her
possession any weapon or instrument
specifically
designed or adapted for the commission of a burglary
or
any
explosive useful for the commission
of a burglary, with the intent to commit a burglary, is guilty of a
Class 5
Class 6
felony.
Section
112.
That
§
22-32-19
be amended to read as follows:
22-32-19.
Any person who
forcibly
enters
an automobile or motor truck
a motor vehicle
with
intent to commit any crime
therein, or remains in an automobile or motor truck after forming an
intent to commit any crime therein
in that motor vehicle
is guilty of
fourth degree burglary. Fourth
degree burglary
aggravated criminal entry of a motor vehicle. Aggravated criminal entry of a motor
vehicle
is a Class 6 felony.
Section
113.
That chapter
22-32
be amended by adding thereto a NEW SECTION to read as
follows:
Section
114.
That
§
22-1-2
be amended by adding thereto a NEW SUBDIVISION to read as
follows:
Section
115.
That
§
22-19-1
be amended to read as follows:
22-19-1.
Any person who
shall seize, confine, inveigle, decoy, abduct, or carry away any
person and hold or detain such person, except in the case of an unmarried minor by a parent
thereof, for
, either unlawfully removes another person from the other's place of residence or
employment, or who unlawfully removes another person a substantial distance from the vicinity
where the other was at the commencement of the removal, or who unlawfully confines another
person for a substantial period of time, with
any of the following
reasons
purposes
:
Section
116.
That
§
22-19-6
be amended to read as follows:
22-19-6.
Any person who receives, possesses, or disposes of any money or other property
or
portion thereof,
which has
,
at any time
,
been delivered as
a
ransom or reward in connection with
a
violation of the statute against
kidnapping
knowing the same to be
and who knows that the
money or property
which has been at any time delivered as such
is
ransom or reward
in connection
with a kidnapping
, is guilty of a Class 3 felony.
Section
117.
That
§
22-19-7.1
be amended to read as follows:
22-19-7.1.
No person may attempt
,
by any means
,
to take, allure, or entice away a child under
the age of
fourteen
sixteen
for any illegal purpose. A violation of this section is a Class 1
misdemeanor.
A
Any
subsequent violation is a Class 6 felony.
Section
118.
That
§
22-19-9
be amended to read as follows:
22-19-9.
Any parent who takes, entices away, or keeps his
or her
unmarried minor child from
the custody or visitation of the other parent, or any other person having lawful custody or right of
visitation, in violation of a custody or visitation determination entitled to enforcement by the courts
of this state, without prior consent is guilty of a Class 1 misdemeanor.
A
Any
subsequent violation
of this section is a Class 6 felony.
Section
119.
That
§
22-19-10
be amended to read as follows:
22-19-10.
Any parent who violates § 22-19-9 and causes the unmarried minor child
,
taken,
enticed, or kept from
his
the child's
lawful custodian
,
to be removed from the state is guilty of a
Class 5 felony.
Section
120.
That
§
22-19-12
be amended to read as follows:
22-19-12.
The state or any other unit of government incurring financial expense for the return
of the child may charge that cost against the person extradited if
he
that person
is found
to be
guilty
of a violation of § 22-19-10. Such expense may be charged against the person filing the charge if
the person extradited is found
to be
not guilty of a violation of § 22-19-10.
Section
121.
That
§
22-19-13
be amended to read as follows:
Section
122.
That
§
22-19-14
be amended to read as follows:
22-19-14.
When a missing child report is made to a law enforcement agency in this state that
has jurisdiction in the matter, the law enforcement agency shall gather readily available
information about the missing child and integrate
it
such information
into the national crime
information center computer within twelve hours following the making of the report. The law
enforcement agency shall make reasonable efforts to acquire additional information about the
missing child following the transmittal of the initially available information and promptly integrate
any additional information acquired into such computer systems.
Section
123.
That
§
22-19-15
be amended to read as follows:
22-19-15.
Whenever a law enforcement agency integrates information about a missing child
into the national crime information center computer, the law enforcement agency shall promptly
notify the missing child's parents, custodial parent, guardian, or legal custodian, or any other
person responsible for the missing child,
that it has done so
of that action
.
Section
124.
That
§
22-19-16
be amended to read as follows:
22-19-16.
The parents
Each parent
, custodial parent, guardian, legal custodian, or other person
responsible for the missing child shall provide available information upon request, and may
provide information voluntarily, to the law enforcement agency during the information gathering
process. The law enforcement agency also may obtain available information about the missing
child from other persons subject to constitutional and statutory limitations.
Section
125.
The code counsel shall transfer
§
§
22-19-13, 22-19-14, 22-19-15, and 22-19-16
to Title 26 and shall renumber the sections accordingly and adjust all appropriate cross references.
Section
126.
That chapter
22-19
be amended by adding thereto a NEW SECTION to read as
follows:
Section
127.
That chapter
32-12
be amended by adding thereto a NEW SECTION to read as
follows:
Section
128.
That
§
26-8C-7
be amended to read as follows:
26-8B-6.
If a child has been adjudicated as a child in need of supervision, the court shall enter
a decree of disposition according to the least restrictive alternative available in keeping with the
best interests of the child. The decree shall contain one or more of the following alternatives:
Section
130.
That
§
22-13-1
be amended to read as follows:
22-13-1.
Any person who intentionally causes serious public inconvenience, annoyance, or
alarm to any other person, or creates a risk thereof by:
Section
131.
The code counsel shall transfer
§
22-13-1 to chapter 22-18 and shall renumber
the section accordingly and adjust all appropriate cross references.
Section
132.
That
§
22-41-1
be amended to read as follows:
22-41-1.
Any person who, for himself
or herself
or as agent or representative of another, for
a present consideration
,
with intent to defraud, passes a check drawn on a financial institution
knowing at the time of such passing that there are not sufficient funds in the account on which the
check was drawn in the financial institution for the payment of such check and all other checks
upon such funds then outstanding, in full upon its presentation, although no express representation
is made with reference thereto, is guilty of
passing a check against
theft by
insufficient funds
check
.
A person who passes a check of one hundred dollars or less against insufficient funds is
guilty of passing a check against insufficient funds in the third degree, which is a Class 2
misdemeanor. A person who passes a check or a series of checks within any thirty-day period in
the amount of five hundred dollars or less but more than one hundred dollars, against insufficient
funds, is guilty of passing a check against insufficient funds in the second degree, which is a Class
1 misdemeanor. A person who passes a check of more than five hundred dollars, or a series of
checks within any thirty-day period totaling more than five hundred dollars, against insufficient
funds is guilty of passing a check against insufficient funds in the first degree, which is a Class 6
felony
Theft by insufficient funds check is punishable as theft pursuant to chapter 22-30A. In
determining the degree of theft, the value of the property stolen or attempted to be stolen is the
same as the face amount of the insufficient funds check. Any series of insufficient funds checks
within any thirty-day period may be aggregated in amount to determine the degree of theft of such
course of conduct
.
Section
133.
That
§
22-41-1.2
be amended to read as follows:
22-41-1.2.
Any person who, for himself
or herself
or as an agent or representative of another
,
for present consideration
,
with intent to defraud, passes a check drawn on a financial institution
knowing at the time of such passing that
he or his principal does not have
neither the check passer
or the check passer's principal has
an account with such financial institution, is guilty of
a Class
5 felony
theft by no account check. Theft by no account check is punishable as theft pursuant to
chapter 22-30A. In determining the degree of theft, the value of the property stolen or attempted
to be stolen is the same as the face amount of the no account check. Any series of no account
checks within any thirty-day period may be aggregated in amount to determine the degree of theft
of such course of conduct
.
Section
134.
That
§
22-41-1.3
be amended to read as follows:
22-41-1.3.
If
a
any
person, who has been accused of a violation of § 22-41-1 or 22-41-1.2,
restores or returns the property allegedly obtained as consideration or makes payment of the check
before an indictment or information is laid before a magistrate, such fact may be considered in
mitigation of punishment. The restoration or return of the property or payment of the check is not
a defense to a violation of § 22-41-1 or 22-41-1.2, nor may it be considered by the finder of fact
and the costs and expenses provided for in
§
57A-3-421 to the holder within thirty days of the
mailing or delivery of the notice of dishonor, no criminal prosecution may occur in regard to the
check
.
Section
135.
That
§
22-41-2
be amended to read as follows:
22-41-2.
The passing of a check, described in § 22-41-1, is prima facie evidence that the person
who passed
it
the check
had knowledge of insufficient funds in the account on which the check
was drawn in the financial institution.
Section
136.
That
§
22-41-2.1
be amended to read as follows:
22-41-2.1.
Present consideration includes goods which are delivered or constructively
delivered, and services which are completed, seven days, exclusive of the date of such delivery or
completion and exclusive of legal holidays and Sundays, before or after payment therefor. Present
consideration also includes payment made for goods and services
,
if the goods and services are
obtained under an understanding that the goods and services
will
would
be paid for at a specific
time by written agreement or under an established method of payment of accounts. In addition,
payment of taxes and any other obligation due the State of South Dakota or any
of its
political
subdivision thereof
subdivisions
and payment of alimony or child support
is
constitutes
present
consideration for the purposes of this chapter.
Section
137.
That
§
22-41-2.2
be amended to read as follows:
22-41-2.2.
The making of a postdated or hold check, knowingly received as such, or a check
issued under an agreement with the payee that the check would not be presented for payment for
a
specified
time
specified
, does not constitute a violation of § 22-41-1.
Section
138.
That
§
22-41-2.3
be amended to read as follows:
22-41-2.3.
For purposes of
establishing
probable cause that a criminal offense has been
committed in violation of § 22-41-1 or 22-41-1.2, probable cause is established if the prosecution
has presented as evidence at the preliminary hearing, or before the grand jury, a check bearing
reasonable indicia that the check has been presented for payment and
it
that the check
has not been
paid or honored by the financial institution because of insufficient funds in the account upon which
it
the check
was drawn or
that
the account did not exist. Upon the offer and acceptance of the
check as evidence at the preliminary hearing, or before the grand jury, it is not necessary for an
official or employee of the financial institution to testify at the preliminary hearing, or before the
grand jury, concerning the financial institution's records with respect to the account upon which
the check has been drawn.
Section
139.
The code counsel shall transfer
§
§
22-41-1 to 22-41-3.4, inclusive, to chapter 22-
30A and shall renumber the sections accordingly and adjust all appropriate cross references.
Section
140.
That
§
22-41-3.1
be amended to read as follows:
22-41-3.1.
The holder of an insufficient funds check
or no account check
shall, before
presenting
it
the check
to the state's attorney for prosecution, serve a notice of dishonor upon the
writer of the check, by registered or certified mail, return receipt requested, or by first class mail,
supported by an affidavit of mailing sworn and retained by the sender, in the United States mail
and addressed to the recipient's most recent address known to the sender. If the notice is mailed
,
and not returned as undeliverable by the United States Postal Service, notice
shall be
is
conclusively presumed to have been given on the date of mailing. The holder of the dishonored
check
, whether it be a no account check or insufficient funds check,
shall
,
upon return of the
receipt
,
hold
it
the check
for a period of at least
five days, or eight
thirty
days if notice is given by
first class mail, and upon the expiration of that period shall present the check with the attached
bank return, return receipt or affidavit of mailing, and copy of the dishonor notice to the state's
attorney for prosecution.
Section
141.
That
§
22-41-3.3
be amended to read as follows:
22-41-3.3.
The service of a notice of dishonor in accordance with §§ 22-41-3.1 and 22-41-3.2
is not a element of the crime of
passing a check against
theft by
insufficient funds
check or theft
by no account check
, nor is it an element of proof thereof or a defense to any prosecution therefor.
Section
142.
That
§
22-41-3.4
be amended to read as follows:
22-41-3.4.
A
Any
criminal prosecution under § 22-41-1 or 22-41-1.2
must
shall
be commenced
within six months after the holder of a check receives notice of its dishonor. Failure to prosecute
a complaint within six months
shall be
constitutes
a bar to any criminal action under those
sections.
Section
143.
That
§
22-41-10
be repealed.
Section
144.
That
§
22-41-11
be repealed.
Section
145.
That
§
22-41-12
be repealed.
Section
146.
That
§
22-41-14
be repealed.
Section
147.
The provisions of this Act are effective on July 1, 2006. However, the provisions
of section 269 of this Act are effective on July 1, 2005.
Section
148.
That
§
22-6-1
be amended to read as follows:
22-6-1.
Except as otherwise provided by law, felonies are divided into the following
eight
nine
classes which are distinguished from each other by the following maximum penalties which are
authorized upon conviction:
Section
149.
That
§
23A-42-1
be amended to read as follows:
23A-42-1.
There is no limitation on the time within which a prosecution for Class A, Class B,
or
Class 1
Class C
felony must be commenced.
Section
150.
That
§
22-16-1
be amended to read as follows:
22-16-1.
Homicide is the killing of one human being, including an unborn child, by another.
It
Homicide
is either:
22-16-1.1.
Homicide is fetal homicide if
a
the
person knew, or reasonably should have known,
that a woman bearing an unborn child was pregnant and caused the death of the unborn child
without lawful justification and if the person:
Section
152.
That
§
22-16-2
be amended to read as follows:
22-16-2.
No person
can
may
be convicted of murder or manslaughter, or of aiding suicide,
unless the death of the person alleged to have been killed, and the fact of the killing by the accused
are each established as independent facts beyond a reasonable doubt.
Section
153.
That
§
22-16-3
be amended to read as follows:
22-16-3.
Whenever
If
the degree of homicide is made to depend upon its having been
committed under circumstances evidencing a depraved mind or unusual cruelty, or in a cruel
manner, the jury may take into consideration any domestic or confidential relationship which
existed between the accused and the person killed.
Section
154.
That
§
22-16-4
be amended to read as follows:
22-16-4.
Homicide is murder in the first degree
when
:
Section
155.
That
§
22-16-5
be amended to read as follows:
22-16-5.
A design to effect death, sufficient to constitute murder, may be formed instantly
before committing the act by which it is carried into execution
The term, premeditated design to
effect the death, means an intention, purpose, or determination to kill or take the life of the person
killed, distinctly formed and existing in the mind of the perpetrator before committing the act
resulting in the death of the person killed. A premeditated design to effect death sufficient to
constitute murder may be formed instantly before committing the act
.
Section
156.
That
§
22-16-7
be amended to read as follows:
22-16-7.
Homicide is murder in the second degree
when
if
perpetrated by any act imminently
dangerous to others and evincing a depraved mind,
regardless of
without regard for
human life,
although without any premeditated design to effect the death of any particular
individual
person,
including an unborn child
.
Section
157.
That
§
22-16-8
be amended to read as follows:
Section
158.
That
§
22-16-9
be repealed.
Section
159.
That
§
22-16-12
be amended to read as follows:
22-16-12.
Murder in the first degree is a Class A felony. Murder in the second degree is a Class
B felony.
Section
160.
That
§
22-16-15
be amended to read as follows:
22-16-15.
Homicide is manslaughter in the first degree
when
if
perpetrated:
Section
161.
That
§
22-16-30
be amended to read as follows:
22-16-30.
Homicide is excusable
when
if
committed by accident and misfortune in doing any
lawful act, with usual and ordinary caution.
Section
162.
That
§
22-16-31
be amended to read as follows:
22-16-31.
Homicide is excusable
when
if
committed by accident and misfortune in the heat of
passion, upon sudden and sufficient provocation, or upon a sudden combat
; provided that
.
However, to be excusable,
no undue advantage
is
may be
taken nor any dangerous weapon used
and
that
the
killing
is
may
not
be
done in a cruel or unusual manner.
Section
163.
That
§
22-16-32
be amended to read as follows:
22-16-32.
Homicide is justifiable
when
if
committed by
a
law enforcement
officers and those
acting by their
officer or by any person acting by
command
of a law enforcement officer
in
their
the
aid and assistance
of that officer
:
22-16-33.
Homicide is justifiable
when
if
necessarily committed in attempting by lawful ways
and means to apprehend any person for any felony committed, or in lawfully suppressing any riot,
or in lawfully keeping and preserving the peace.
Section
165.
That
§
22-16-34
be amended to read as follows:
22-16-34.
Homicide is justifiable
when
if
committed by any person
when
while
resisting any
attempt to murder such person, or to commit any felony upon him or her, or upon or in any
dwelling house in which such person is.
Section
166.
That
§
22-16-35
be amended to read as follows:
22-16-35.
Homicide is justifiable
when
if
committed by any person in the lawful defense of
such person, or of his or her husband, wife, parent, child, master, mistress, or servant
when
if
there
is reasonable ground to apprehend a design to commit a felony, or to do some great personal injury,
and imminent danger of such design being accomplished.
Section
167.
That
§
22-16-37
be amended to read as follows:
22-16-37.
Any person who intentionally in any manner advises, encourages, abets, or assists
another
in taking his
person in taking or in attempting to take his or her
own life is guilty of a Class
6 felony.
Section
168.
That
§
22-16-37.1
be amended to read as follows:
22-16-37.1.
Any licensed health care professional who administers, prescribes, or dispenses
medications or procedures to relieve another person's pain or discomfort, even if the medication
or procedure may hasten
,
or increase the risk of
,
death, does not violate § 22-16-37
,
unless the
medications or procedures are knowingly administered, prescribed, or dispensed with a purpose
to cause death. Any licensed health care professional who withholds or withdraws a life- sustaining
procedure, in compliance with chapter 34-12D or in accordance with reasonable medical practice,
does not violate § 22-16-37.
Section
169.
That
§
22-16-37.2
be amended to read as follows:
22-16-37.2.
A cause of action for injunctive relief may be maintained against any person who
is reasonably believed to be about to violate or who is in the course of violating § 22-16-37 by any
person who is:
Section
171.
That
§
22-16-40
be amended to read as follows:
22-16-40.
It shall be the duty of any
Any
law enforcement officer who has knowledge that any
party has attempted to take his
or her
own life
to
shall
immediately notify the state's attorney.
Section
172.
The code counsel shall transfer
§
22-16-42 to chapter 22-18 and shall renumber
the section accordingly and adjust all appropriate cross references.
Section
173.
That
§
22-6-2
be amended to read as follows:
22-6-2.
Except as otherwise provided by law, misdemeanors
Misdemeanors
are divided into
two classes which are distinguished from each other by the following maximum penalties which
are authorized upon conviction:
Section
174.
That
§
16-12C-11
be amended to read as follows:
16-12C-11.
A magistrate court with a clerk magistrate presiding has concurrent jurisdiction
with the circuit courts:
Section
175.
That
§
22-23-1
be amended to read as follows:
22-23-1.
Any person who
:
22-23-1.1.
As used in this chapter
:
22-23-2.
Any person who:
Section
178.
That
§
22-23-4
be repealed.
Section
179.
That
§
22-23-8
be amended to read as follows:
22-23-8.
Any person who:
Section
180.
That
§
22-23-9
be amended to read as follows:
22-23-9.
Any person who hires
or attempts to hire
another person for a fee to engage in sexual
activity
, or enters or remains in a house of prostitution for the purpose of engaging in sexual
activity,
is guilty of a Class 1 misdemeanor.
Section
181.
That
§
22-19B-1
be amended to read as follows:
22-19B-1.
No person may maliciously and with the specific intent to intimidate or harass
another
any
person
or specific group of persons
because of that person's
or group of persons'
race,
color
ethnicity
, religion, ancestry, or national origin:
Section
182.
That
§
22-19B-2
be amended to read as follows:
22-19B-2.
For purposes of this chapter
,
the term, deface, includes cross-burnings or the placing
of any word or symbol commonly associated with racial, religious, or ethnic terrorism on the
property of another person without that person's permission.
Section
183.
That
§
22-19B-3
be amended to read as follows:
22-19B-3.
In addition to the criminal penalty provided in § 22-19B-1, there is a civil cause of
action for malicious harassment. The victim of malicious
intimidation or
harassment may recover
both special and general damages, including damages for emotional distress, reasonable attorney
fees and costs, and punitive damages. The civil cause of action for malicious
intimidation or
harassment is in addition to any other remedies, criminal or civil, otherwise available under law.
Section 184. The code counsel shall rename chapter 22-19B, Hate Crimes.
Section
186.
That
§
22-8-1
be repealed.
Section
187.
That
§
22-8-2
be repealed.
Section
188.
That
§
22-8-12
be amended to read as follows:
22-8-12.
Any person who commits a crime of violence
,
as defined by subdivision 22-1-2(9)
,
or an act dangerous to human life
including
involving
any use of chemical, biological, or
radioactive material, or any explosive or destructive device
,
with the intent to do any of the
following:
Section
189.
That chapter
22-8
be amended by adding thereto a NEW SECTION to read as
follows:
Section
190.
The code counsel shall rename chapter 22-8, Terrorism.
Section
191.
That
§
22-11-2
be amended to read as follows:
22-11-2.
Any person who intentionally injures or destroys, takes or attempts to take, or assists
any other person in taking or attempting to take
,
from the custody of any law enforcement officer
or other person, any personal property, which such officer or person has in charge under any
process of law, is guilty of a Class 1 misdemeanor.
Section
192.
That
§
22-11-3
be amended to read as follows:
22-11-3.
Any person who intentionally obstructs or attempts to obstruct a public officer or
employee, not a law enforcement officer,
jailer, or
firefighter
, or emergency medical technician
in the performance of any official duty, or who resists a public officer in performance of
his
that
duty, is guilty of a Class 2 misdemeanor.
Section
193.
That
§
22-11-3.1
be repealed.
Section
194.
That
§
22-11-4
be amended to read as follows:
22-11-4.
Any person who intentionally prevents or attempts to prevent a law enforcement
officer
or jailer
, acting under color of
his
authority, from effecting an arrest of the actor or another,
by:
Section
195.
That
§
22-11-5
be amended to read as follows:
22-11-5.
It is no defense to a prosecution under § 22-11-4 that the law enforcement officer
or
jailer
was attempting to make an arrest which in fact was unlawful, if
he
the law enforcement
officer
was acting under color of
his official
authority and, in attempting to make the arrest
he
, the
law enforcement officer
was not resorting to unreasonable or excessive force giving rise to the
right of self-defense. A law enforcement officer
or jailer
, firefighter, or emergency medical
technician
acts under color of
his official
authority
when
if
, in the regular course of assigned
duties, he
or she
is called upon to make, and does make, a judgment in good faith based upon
surrounding facts and circumstances
that an arrest should be made by him
.
Section
196.
That
§
22-11-6
be amended to read as follows:
22-11-6.
Except as provided in §§ 22-11-4 and 22-11-5, any person who, by
using or
threatening to use violence, force, or physical interference or obstacle, intentionally obstructs,
impairs, or hinders the enforcement of the criminal laws or the preservation of the peace by a law
enforcement officer or jailer acting under color of
his official
authority, or intentionally obstructs,
impairs, or hinders the prevention, control, or abatement of fire by a firefighter acting under color
of
his official
authority,
or intentionally obstructs emergency management personnel acting under
color of authority,
is guilty of obstructing a law enforcement officer
or jailer or
,
firefighter
, or
emergency medical technician
. Obstructing a law enforcement officer, jailer,
or
firefighter
, or
emergency medical technician
is a Class 1 misdemeanor.
Section
197.
That
§
22-11-6.1
be repealed.
Section
198.
That
§
22-11-7
be amended to read as follows:
22-11-7.
It is no defense to a prosecution under § 22-11-6 that the law enforcement officer
or
jailer
, firefighter, or emergency medical technician
was acting in an illegal manner, if
he
the law
enforcement officer, firefighter, or emergency medical technician
was acting under the color of
his
official
authority as defined in § 22-11-5.
Section
199.
That
§
22-11-8
be amended to read as follows:
22-11-8.
Any person who intentionally impersonates any public officer or employee, civil or
military, or any firefighter or any person having special authority by law to perform any act
affecting the rights or interests of another, or assumes, without authority, any uniform or badge by
which such officer, employee, firefighter, or person is usually distinguished, and in such assumed
character does any act
where
whereby
another person is injured or defrauded, is guilty of a
Class
2
Class 1
misdemeanor.
Section
200.
The code counsel shall transfer
§
22-11-8 to chapter 22-40 and shall renumber
the section accordingly and adjust all appropriate cross references.
Section
201.
That
§
22-11-9
be amended to read as follows:
22-11-9.
Any person who:
Section
202.
That
§
22-11-9.1
be amended to read as follows:
22-11-9.1.
Any person who intentionally gives any false alarm of fire, by any means,
and
bodily injury or death is sustained by any person as a result thereof
is guilty of a Class 5 felony
,
if, as a result, any other person dies or sustains serious bodily injury
.
Section
203.
That
§
22-11-10
be amended to read as follows:
22-11-10.
Any person who accepts, or offers or agrees to accept
,
any pecuniary benefit as
consideration for:
Section
204.
That
§
22-11-11
be amended to read as follows:
22-11-11.
It is an affirmative defense to prosecution
under
pursuant to
§ 22-11-10 that the
benefit received by the defendant did not exceed an amount which the defendant reasonably
believed to be due as
a
restitution or indemnification for harm caused by the crime.
Section
205.
That
§
22-11-12
be amended to read as follows:
22-11-12.
Any person who, having knowledge, which is not privileged, of the commission of
a felony, conceals the
same
felony
, or does not immediately disclose
such
the
felony,
with
including
the name of the perpetrator
thereof
,
if known,
and all
of
the
other relevant known
facts
in relation thereto
, to the proper authorities,
shall be
is
guilty of misprision of a felony. Misprision
of a felony is a Class 1 misdemeanor. There is no misprision of misdemeanors or petty offenses.
Section
206.
That
§
22-11-14
be amended to read as follows:
22-11-14.
As used in this chapter, the term, judicial officer, includes any referee, arbitrator,
judge, hearing officer, or any other person authorized by law to hear or determine a controversy.
Section
207.
That
§
22-11-15.1
be amended to read as follows:
22-11-15.1.
Any person who
,
knowingly and intentionally
,
deposits for conveyance in the mail
or for a delivery from any post office or by any messenger, any letter, paper, writing, print, or
document containing any threat to take the life of or to inflict serious bodily harm upon a law
enforcement officer of the state or a member of the officer's immediate family is guilty of a Class
5 felony. However, if any such threat is made which otherwise would constitute a violation of § 22-
11-4 or 22-18-1.1, the provisions of such sections
are controlling
supersede the provisions of this
section,
and the penalties provided in § 22-11-4 or 22-18-1.1 apply.
Section
208.
The code counsel shall transfer
§
22-11-15.1 and
§
22-11-15.4 within chapter 22-
11 to an appropriate location where the two sections will be sequential and shall renumber the
sections accordingly and adjust all appropriate cross references.
Section
209.
That
§
22-11-15.2
be amended to read as follows:
22-11-15.2.
Any person who
,
knowingly and intentionally
,
deposits for conveyance in the mail
or for a delivery from any post office or by any messenger any letter, paper, writing, print, or
document containing any threat to take the life of or to inflict bodily harm upon a constitutional
officer or former constitutional officer of the state, or a member of
his
the constitutional officer's
immediate family, or who
,
knowingly and intentionally
,
otherwise makes any threat to take the life
of or to inflict bodily harm upon a constitutional officer or former constitutional officer or a
member of
his
the constitutional officer's
immediate family is guilty of a Class 5 felony.
Section
210.
That
§
22-11-15.4
be amended to read as follows:
22-11-15.4.
Any person who
,
knowingly and intentionally
,
communicates any threat not
subject to § 22-11-15.1 to take the life of or to inflict serious bodily harm upon a law enforcement
officer of the state or a member of the officer's immediate family, is guilty of a Class 1
misdemeanor. However, if any such threat is made which otherwise would constitute a violation
of § 22-11-4 or 22-18-1.1, the provisions of such sections
are controlling
supersede the provisions
of this section,
and the penalties provided in § 22-11-4 or 22-18-1.1 apply.
Section
211.
That
§
22-11-16
be amended to read as follows:
22-11-16.
Any person who attempts to influence a juror, or any person summoned or drawn
as a juror, or chosen an arbitrator or appointed a referee, in respect to
his
any
verdict or decision
in any cause or matter pending, or about to be brought before
him
such person
:
Section
213.
That
§
22-11-19
be amended to read as follows:
22-11-19.
A
Any
person who injures
,
or threatens to injure
,
any person or property, or
,
with
intent to influence a witness, offers, confers, or agrees to confer any benefit on a witness or
prospective witness in an official proceeding to induce the witness to:
Section
214.
That
§
22-11-19.1
be repealed.
Section
215.
That
§
22-11-20
be amended to read as follows:
22-11-20.
A
Any person who, as a
witness or prospective witness in an official proceeding
who
,
knowingly solicits, accepts
,
or agrees to accept any benefit upon the representation or
understanding that
he
such person
will do any thing
specified
described
in subdivisions
§
22-11-
19(1) to (4), inclusive, is guilty of a Class 6 felony.
Section
216.
That
§
22-11-21
be amended to read as follows:
22-11-21.
Any person who, in any trial, proceeding, inquiry, or investigation authorized by law,
offers in evidence as genuine, any book, paper, document, record, or other instrument in writing,
knowing
the same to have
that it has
been forged or fraudulently altered, is guilty of a Class 5
felony.
Section
217.
The code counsel shall transfer
§
§
22-11-16, 22-11-18, 22-11-20, 22-11-21, and
22-11-22 to chapter 22-12A and shall renumber the sections accordingly and adjust all appropriate
cross references.
Section
218.
That
§
22-11-23
be amended to read as follows:
22-11-23.
Any person who knowingly makes a false entry in
any public record
, or falsely alters
any public record is guilty of a Class 2 misdemeanor
, except that when done
. However, if the false
entry or alteration is committed
by a public officer or employee having custody of the record,
it
the
offense
is a Class 1 misdemeanor.
Section
219.
That
§
22-11-23.1
be amended to read as follows:
22-11-23.1.
A
Any
person who
knowingly
offers
a
any
false or forged instrument
, knowing that
the instrument is false or forged,
for filing, registering, or recording in a public office, which
instrument, if genuine, could be filed, registered, or recorded under any law of this state or of the
United States, is guilty of a Class 6 felony.
22-11-24.
Any person who,
knowing he lacks
without
the authority to do so,
knowingly and
intentionally destroys, mutilates, conceals, removes, or impairs the availability of any public record
is guilty of a Class 6 felony
, except that when done
. However, if the provisions of this section are
violated
by a public officer or employee having custody of the record,
it
the offense
is a Class 5
felony.
Section
221.
That
§
22-11-25
be amended to read as follows:
22-11-25.
Any person who,
knowing he lacks
lacking
the authority to retain a public record in
his
or her
possession,
knowingly
refuses to deliver it up upon proper request of any person lawfully
entitled to receive such record, is guilty of a Class 2 misdemeanor
, except that when done
.
However, if the knowing refusal to deliver is committed
by a public officer or employee having
custody of the record,
it
the offense
is a Class 1 misdemeanor.
Section
222.
That
§
22-11-26
be amended to read as follows:
22-11-26.
Any public officer
not liable to impeachment
found guilty of violating §§ 22-11-23
to 22-11-25, inclusive, shall forfeit
his
the
office
unless the office is subject to impeachment
.
Section
223.
That
§
22-11-27
be amended to read as follows:
22-11-27.
Any person who, without consent of the owner, intentionally alters, obliterates, or
removes a serial number or other identifying mark on personal property, or
knowingly
possesses
any personal property
having
knowing that the property has
a serial number or identifying mark
which has been intentionally obliterated, altered, or removed, which number or marking may be
used to determine ownership
thereof
of the property
, is guilty of a Class 6 felony.
Section
224.
The code counsel shall transfer
§
22-11-27 to chapter 22-30A and shall renumber
the sections accordingly and adjust all appropriate cross references.
Section
225.
That
§
22-11-28
be amended to read as follows:
22-11-28.
Any person who offers a counterfeit lien for filing, registering, or recording in a
public office knowing or having reason to know that the lien is counterfeit is guilty of a Class 1
misdemeanor. A second or subsequent conviction for a violation of this section is a Class 6 felony.
The person's lack
Lack
of belief in the jurisdiction or authority of the state or of the United States
is no defense to a prosecution under this section.
Section
226.
The code counsel shall renumber
§
22-11-23.1 as
§
22-11-28.1 and adjust all
appropriate cross references.
Section
227.
That
§
22-11-29
be amended to read as follows:
22-11-29.
For purposes of § 22-11-28, the term, offers, includes the mailing of the instrument
to a public office with the knowledge or belief that
it
the instrument
will be filed with, registered,
or recorded in, or otherwise become a part of, the records of the public office.
22-11-31.
Any person who harasses
an individual
any other person
by sending or delivering,
or causing to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or
other notice or demand that simulates
a
any
form of court or legal process and that threatens the
individual
other person
, directly or indirectly, with incarceration, monetary fines, or penalties, or
with the imposition of a counterfeit lien on the real or personal property of the
individual
other
person
is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation of
this section is a Class 6 felony.
The person's lack
Lack
of belief in the jurisdiction or authority of
the state or of the United States is no defense to a prosecution under this section.
Section
229.
That
§
22-11-32
be amended to read as follows:
22-11-32.
For purposes of § 22-11-31, the term, harasses, means a knowing and willful course
of conduct directed at
the individual
any person
which seriously alarms or annoys the
individual
person
and which serves no legitimate legal purpose.
Section
230.
That
§
22-11-34
be amended to read as follows:
22-11-34.
Any person who, without authority under the U.S. Constitution, federal law, or the
constitution or laws of this state, acts as a supreme court justice, a circuit court judge, a magistrate
judge, a lay magistrate, a clerk of court or deputy, a juror
,
or other official holding authority to
determine a controversy or adjudicate the rights or interests of
others
any other person
, or signs a
document in such capacity, is guilty of a Class 1 misdemeanor. It is no defense to a prosecution
under this section that the judicial office
that
the person pretended to hold
does
did
not exist.
Section
231.
The code counsel shall transfer
§
22-11-34 to chapter 22-40 and shall renumber
the section accordingly and adjust all appropriate cross references.
Section
232.
The code counsel shall transfer
§
§
22-11-30, 22-11-33, and 22-11-35 to an
appropriate chapter in title 20 and shall renumber the section accordingly and adjust all appropriate
cross references.
Section
233.
That
§
22-12-1
be amended to read as follows:
22-12-1.
Barratry is the
practice
offense
of maliciously bringing or causing to be brought any
groundless judicial
proceedings
proceeding
.
It
Barratry
is a Class 2 misdemeanor. The fact that an
accused was
himself
personally
a party in interest or upon the record to any proceedings at law
complained of is not a defense.
Section
234.
That
§
22-12-5
be amended to read as follows:
22-12-5.
Any person who, for the purpose of obtaining anything of value,
shall circulate
circulates
or
offer
offers
for sale,
print
prints
for the purpose of sale or distribution,
send
sends
or
deliver
delivers
, or
cause
causes
to be sent or delivered, any letter, paper, document, notice of
intent to bring suit, or other notice or demand which simulates
a
any
form of court or legal process
or any official demand, notice or other paper of a federal, state, or municipal agency, the intention
of which document is to lead the recipient or addressee to believe
the same to be
that it is
a genuine
court or legal process or official demand, notice
,
or other paper of a federal, state, or municipal
agency
,
is guilty of uttering simulated process. Uttering simulated process is a Class 1
misdemeanor.
Section
235.
That
§
22-12-6
be amended to read as follows:
22-12-6.
It
shall be
is
no defense to a charge of uttering simulated process, that the document
bears any statement that the thing of value sought to be obtained was to apply as payment on a
valid obligation.
Section
236.
That
§
22-12-7
be amended to read as follows:
22-12-7.
In prosecutions for
any
violation of § 22-12-5, the prosecution may show that the
simulating document was deposited in the post office for mailing or was delivered to any person
with intent to be forwarded, and such showing
shall be
is
sufficient proof of the sending or
delivery.
Section
237.
That
§
22-12-8
be amended to read as follows:
22-12-8.
Nothing in §§ 22-12-5 to 22-12-7, inclusive,
shall prevent
prevents
the printing,
publication, sale, or distribution of genuine legal forms.
Section
238.
That
§
22-12-10
be amended to read as follows:
22-12-10.
Any public officer or person pretending to be a public officer, who under the
pretense or color of any process or other legal authority, arrests any person, or detains
him
any
person
against
his
that person's
will, or seizes or levies upon any property, or dispossesses
anyone
any person
of any lands or tenements without due and legal process, is guilty of a Class 1
misdemeanor.
Section
239.
That
§
22-12-11
be repealed.
Section
240.
That
§
22-12-13
be amended to read as follows:
22-12-13.
Any person who
,
maliciously
,
and without probable cause, procures a search warrant
to be issued and executed is guilty of a Class 1 misdemeanor.
Section
241.
That
§
22-12-14
be amended to read as follows:
22-12-14.
Any law enforcement officer who, in executing a search warrant, intentionally
exceeds his
or her
authority, or exercises
it
such authority
maliciously, is guilty of a Class 1
misdemeanor.
Section
242.
That
§
22-12-15
be amended to read as follows:
22-12-15.
Any law enforcement officer or other person, who
,
having arrested a person on a
criminal charge
and
,
intentionally
delayed
delays
taking that person before a committing magistrate
for further proceedings, is guilty of a Class 1 misdemeanor.
Section
243.
That
§
22-14-5
be amended to read as follows:
22-14-5.
Any person who possesses any firearm on which the manufacturer's serial number has
been changed, altered, removed, or obliterated is guilty of a Class 6 felony.
Section
244.
That
§
22-14-6
be amended to read as follows:
22-14-6.
Any person who knowingly possesses a controlled weapon is guilty of a Class 6
felony.
Provided that,
However, the provisions of
this section
shall
do
not apply to
a
any
person
who:
22-14-7.
Any person who:
Section
246.
That
§
22-14-8
be amended to read as follows:
22-14-8.
Any person who conceals on or about his
or her
person a controlled or dangerous
weapon with intent to commit a felony is guilty of a Class 5 felony.
Section
247.
That
§
22-14-9
be amended to read as follows:
22-14-9.
Any person, other than a law enforcement officer
when
acting
as such, is guilty of a
Class 1 misdemeanor if he
under color of authority, who
:
Section
248.
That
§
22-14-9.1
be amended to read as follows:
Section
249.
That
§
22-14-9.2
be amended to read as follows:
22-14-9.2.
Any person who is permitted to carry a concealed pistol in a state with which the
secretary of state has entered into a reciprocity agreement pursuant to §§ 23-7-7.3, 22-14-9.1, 22-
14-9.2, 23-7-7, 23-7-7.1, and 23-7-8 may carry a concealed pistol in this state if the permit holder
carries the pistol in compliance with the laws of this state.
A
Any
violation of this section is a
Class 1 misdemeanor.
Section
250.
That
§
22-14-10
be amended to read as follows:
22-14-10.
Section 22-14-9 does
The provisions of
§
22-14-9 do
not apply to
persons who carry
one or more
any person carrying any
unloaded
pistols
pistol
or
revolvers
revolver
for the purpose
of, or in connection with, any lawful use, if the unloaded
weapon or weapons are
pistol or revolver
is
carried:
Section
251.
That
§
22-14-11
be amended to read as follows:
22-14-11.
Section 22-14-9 shall
The provisions of
§
22-14-9 do
not apply to any person who
possesses a pistol or revolver in his
or her
own dwelling house or place of business or on land
owned or rented by
him
himself or herself
or by a member of his
or her
household.
Section
252.
That
§
22-14-12
be amended to read as follows:
22-14-12.
Any person who commits or attempts to commit any felony
when
while
armed with
a firearm, including a machine gun or short shotgun, is guilty of a Class 2 felony for the first
conviction. A second or subsequent conviction is a Class 1 felony. The sentence imposed for a first
conviction under this section shall carry a minimum sentence of imprisonment in the state
penitentiary of five years. In case of a second or subsequent conviction under this section such
person shall be sentenced to a minimum imprisonment of ten years in the penitentiary.
Section
253.
That
§
22-14-13.1
be repealed.
Section
254.
That
§
22-14-14
be amended to read as follows:
Section
255.
That
§
22-14-15
be amended to read as follows:
22-14-15.
No person who has been convicted in this state or elsewhere of a crime of violence
or a felony
under chapter 22-42, other than pursuant to § 22-42-5 or 22-42-6
pursuant to
§
22-42-2,
22-42-3, 22-42-4, 22-42-7, 22-42-8, 22-42-9, 22-42-10 or 22-42-19
, may possess or have control
of a firearm. A violation of this section is a Class 6 felony.
This
The provisions of this
section
does
do
not apply to any person who was last discharged from prison, jail, probation, or parole
, for a
crime of violence or a felony under chapter 22-42, other than pursuant to § 22-42-5 or 22-42-6,
more than fifteen years prior to the commission of the principal offense.
Section
256.
That
§
22-14-16
be amended to read as follows:
22-14-16.
Any person who knows that another person is prohibited by § 22-14-15
or 22-14-
15.1
from possessing a firearm, and who knowingly gives, loans, or sells a firearm to that person
is guilty of a Class 6 felony.
Section
257.
That
§
22-14-17
be amended to read as follows:
22-14-17.
This
The provisions of this
chapter
does
do
not apply to any firearm which has been
permanently altered so it is incapable of being discharged.
Section
258.
That
§
22-14-19
be repealed.
Section
259.
That
§
22-14-20
be amended to read as follows:
22-14-20.
Any person who willfully, knowingly, and illegally discharges a firearm at an
occupied structure
, structure capable of being occupied,
or motor vehicle is guilty of a
Class 5
Class 3
felony.
However, if a violation of this section results in bodily injury which is directly
caused by such discharge, such person is guilty of a Class 4 felony.
Section
260.
That
§
22-14-21
be amended to read as follows:
22-14-21.
Any person who willfully, knowingly, and illegally discharges a firearm from a
moving motor vehicle within the incorporated limits of a municipality under circumstances not
constituting a violation of § 22-14-20 is guilty of a Class 6 felony.
However, if a violation of this
section results in bodily injury which is directly caused by such discharge, such person is guilty
of a Class 5 felony.
Section
261.
That
§
22-14-22
be amended to read as follows:
22-14-22.
For the purposes of §§ 22-14-23 to 22-14-28, inclusive, the term, county courthouse,
means the state capitol
and
or
any building occupied for the public sessions of a circuit court, with
its various offices. The term includes any building appended to or used as a supplementary
structure to
the
a county
courthouse.
Section
262.
That
§
22-14-23
be amended to read as follows:
22-14-23.
Except as provided in § 22-14-24, any person who knowingly possesses or causes
to be present
a
any
firearm or other dangerous weapon, in any county courthouse, or attempts to
do so, is guilty of a Class 1 misdemeanor.
22-14-25.
Nothing in this chapter limits the power of a court to punish for contempt or to
promulgate rules or orders regulating, restricting
,
or prohibiting the possession of weapons, within
any building housing such court or any of its proceedings, or upon any grounds pertinent to such
building.
Section
264.
That
§
22-14-26
be amended to read as follows:
22-14-26.
Notice of the provisions of
this chapter
§
22-14-23
shall be posted conspicuously
at each public entrance to each county courthouse.
Section
265.
That
§
22-14-28
be amended to read as follows:
22-14-28.
By a majority of the members-elect, the county commission in any county may elect
to waive the provisions of
§§ 22-14-22 to 22-14-27, inclusive
§
22-14-23
.
Section
266.
That
§
22-14-29
be repealed.
Section
267.
That
§
22-14-30
be amended to read as follows:
22-14-30.
No person who has been convicted of a felony
pursuant to § 22-42-5 or 22-42-6
under chapter 22-42
or of a felony for a crime with the same elements in another state may possess
or have control of a firearm. A violation of this section is a Class 6 felony.
This
The provisions of
this
section
does
do
not apply to any person who was last discharged from prison, jail, probation,
or parole, for a felony
pursuant to§ 22-42-5 or 22-42-6
under chapter 22-42
more than five years
prior to the commission of the principal offense
and is not subject to the restrictions in
§
22-14-15
.
Section
268.
The code counsel shall renumber
§
22-14-30 as
§
22-14-15.1 and adjust all
appropriate cross references.
Section
269.
That chapter
22-14
be amended by adding thereto a NEW SECTION to read as
follows:
Section
270.
That
§
22-14A-4
be amended to read as follows:
Section
271.
That
§
22-14A-5
be amended to read as follows:
22-14A-5.
Any person who, with intent to injure or to threaten to injure any person or property:
Section
272.
That
§
22-14A-6
be amended to read as follows:
22-14A-6.
Any person who has in his
or her
possession any explosive or destructive device
under circumstances not
enumerated
described
in § 22-14A-5, with intent to injure, intimidate, or
terrify any person, or with intent to wrongfully injure or destroy any property
,
is guilty of a Class
3 felony.
Section
273.
That
§
22-14A-11
be amended to read as follows:
22-14A-11.
Any person who explodes or ignites any destructive device or explosive with intent
to cause
serious
bodily
harm
injury
and which results in
serious
bodily
harm
injury
is guilty of a
Class 2 felony.
Section
274.
That
§
22-14A-16
be amended to read as follows:
22-14A-16.
This
the provisions of this
chapter
shall
do
not apply to the armed forces of the
United States, the national guard, any law enforcement agency or any officer, agent, employee, or
member thereof
,
acting in a lawful capacity
,
and any person possessing a valid seller's permit or
user's permit from the United States federal government for explosive and destructive devices.
Section
275.
That
§
22-14A-18
be amended to read as follows:
22-14A-18.
Any person who intentionally destroys or attempts to destroy by the use of any
explosive or destructive device, any property real or personal, not the property of such person,
although
the same is
done under such circumstances as not to endanger the life or safety of any
human being, is guilty of a Class 4 felony. This section
shall
does
not apply to any property
destroyed under the direction of any firefighter or any law enforcement officer of any municipality
to prevent the spread of a fire.
Section
276.
That
§
22-14A-19
be amended to read as follows:
22-14A-19.
Any person who intentionally, by the use of an explosive or destructive device,
destroys or injures
the whole or any part of
any occupied or unoccupied structure, motor vehicle,
street, highway, railway, bridge, dam,
dyke
dike
, or other structure, by means of which the life or
safety of any human being is endangered, is guilty of a Class 3 felony.
22-14A-20.
Any person who takes into, upon, under, against, or near to any occupied or
unoccupied structure, motor vehicle, street, highway, railway, bridge, dam,
dyke
dike
, or other
structure, any explosive or destructive device, with intent to destroy or injure
the whole or any part
thereof
such structure,
under circumstances that if such intent were accomplished, human life or
safety would be endangered thereby,
although no damage is done,
is guilty of a Class 4 felony.
It
is no defense to a prosecution under this section that no damage is done.
Section
278.
That
§
22-14A-22
be amended to read as follows:
22-14A-22.
Any person who makes a false report, with intent to deceive, mislead, or otherwise
misinform any person, concerning the placing or planting of any bomb, dynamite, explosive,
destructive device, dangerous chemical, biological agent, poison or harmful radioactive substance,
is guilty of falsely reporting a threat. Falsely reporting a threat is a Class 6 felony. Any person
found guilty of falsely reporting a threat shall pay restitution for any expense incurred as a result
of the crime.
The person is also civilly liable for any injury to person or property from the false
report and any costs related to responding to the false report.
If the person making the false report
prohibited by this section is a minor, the court, in addition to such other disposition as the court
may impose, shall require the minor to perform at least fifty hours of public service unless tried
as an adult.
Section
279.
The code counsel shall renumber
§
22-14A-22 as
§
22-11-9.2 and adjust all
appropriate cross references.
Section
280.
That
§
22-14A-23
be amended to read as follows:
22-14A-23.
No person may, with the intent to cause bodily injury to another person, use or
place a hazardous or injurious device on any land owned or leased by the State of South Dakota,
including any highway, road, or right-of-way. A violation of this section is a Class 1 misdemeanor.
Section
281.
That
§
22-14A-24
be amended to read as follows:
22-14A-24.
Any person who intentionally communicates a threat by leaving a substance or
device, thereby causing either serious public inconvenience, or the evacuation or serious disruption
of a building, place of assembly, facility of public or school transport, or a school related event,
is guilty of communicating a
terroristic
felonious
threat. For the purposes of this section, a
substance or device includes
, but is not limited to, an
any
actual or
apparent
apparently
dangerous
weapon, destructive device, dangerous chemical, biological agent, poison, or harmful radioactive
substance. A violation of this section is a Class 4 felony.
Section
282.
That
§
22-14A-25
be amended to read as follows:
Section
283.
That
§
22-14A-26
be amended to read as follows:
22-14A-26.
The court may, after conviction or adjudication of any violation of
§§ 22-14A-22
and 22-14A-24 to 22-14A-27, inclusive
§
22-11-9.2, 22-14A-24, or 22-14A-25
, conduct a hearing
to ascertain the extent of costs incurred, damages
,
and financial loss suffered by local, county, or
state public safety agencies, and the amount of property damage caused as a result of the crime.
A person found guilty of violating
§§ 22-14A-22 and 22-14A-24 to 22-14A-27, inclusive
§
22-11-
9.2, 22-14A-24, or 22-14A-25
, may upon conviction, be ordered to make restitution to the local,
county, or state public service agency for any cost incurred, damages
,
and financial loss or property
damage sustained as a result of the commission of the crime.
Section
284.
That
§
22-14A-27
be amended to read as follows:
22-14A-27.
The provisions of
§§ 22-14A-22 and 22-14A-24 to 22-14A-27, inclusive,
§
22-11-
9.2, 22-14A-24, or 22-14A-25
may not be construed to create any cause of action against any
person based upon or arising out of any act or omission relating to any good faith response to a
terrorist act
felonious threat
or an attempted
terrorist act
felonious threat
.
Section
285.
That
§
22-25-3
be repealed.
Section
286.
That
§
22-27-1
be amended to read as follows:
22-27-1.
Any person who, by threats or violence, intentionally prevents another person from
performing any lawful act enjoined upon or recommended
to such person
by the religion which
he
such person
professes is guilty of a Class 1 misdemeanor.
Section
287.
That
§
22-27-2
be amended to read as follows:
22-27-2.
Any person who intentionally attempts, by
means of
threats or violence, to compel
another person to adopt, practice, or profess any particular form of religious belief is guilty of a
Class 1 misdemeanor.
Section
288.
The code counsel shall transfer
§
§
22-27-1 and 22-27-2 to chapter 22-19B and
shall renumber the sections accordingly and adjust all appropriate cross references.
Section
289.
That
§
22-35-5
be amended to read as follows:
22-35-5.
Any person who, knowing that he
or she
is not privileged to do so, enters or
surreptitiously
remains in any building or structure
surreptitiously
, is guilty of
criminal trespass.
Criminal trespass is
a Class 1 misdemeanor.
Section
290.
That
§
22-35-6
be amended to read as follows:
22-35-6.
Any person who, knowing that he
or she
is not privileged to do so, enters or remains
in any place where notice against trespass is given by:
Section
291.
That
§
22-35-7
be amended to read as follows:
22-35-7.
It
shall be
is
an affirmative defense
to prosecution
under §§ 22-35-5
and
or
22-35-6
that:
Section
293.
That
§
22-40-1
be amended to read as follows:
22-40-1.
Notwithstanding § 22-11-8, a
No
person
who impersonates another
may impersonate
any other person
, with intent to deceive a law enforcement officer
,
. Any person who violates the
provisions of this section
is guilty of a Class 1 misdemeanor.
Section
294.
The code counsel shall rename chapter 22-40 as Identity Crimes.
Section
295.
The code counsel shall transfer
§
§
22-47-1, 22-47-2, and 22-47-3 to Title 37 and
shall renumber the sections accordingly and adjust all appropriate cross references.
Section
296.
That
§
22-43-1
be amended to read as follows:
22-43-1.
Any person who confers, or agrees to confer, directly or indirectly, any benefit upon
any employee, agent
,
or fiduciary without the consent of the latter's employer or principal, with
intent to influence the employee's, agent's, or fiduciary's conduct in relation to
his
that person's
employer's or principal's affairs, is guilty of commercial bribery. Commercial bribery is a Class 1
misdemeanor.
Section
297.
That
§
22-43-2
be amended to read as follows:
22-43-2.
An
Any
employee, agent, or fiduciary who, without consent of
his
that person's
employer or principal, solicits, accepts, or agrees to accept any benefit, directly or indirectly, from
another person upon an agreement or understanding that such benefit will influence his
or her
conduct in relation to
his
that person's
employer's or principal's affairs, is guilty of receiving a
commercial bribe. Receiving a commercial bribe is a Class 1 misdemeanor.
Section
298.
That
§
22-24-1.1
be amended to read as follows:
22-24-1.1.
A person commits the crime of public indecency if the person,
with an immoral
purpose
under circumstances in which that person knows that his or her conduct is likely to annoy,
offend, or alarm some other person
, exposes his or her anus or genitals in a public place where
another may be present who will be
annoyed,
offended
,
or alarmed by the person's act. A violation
of this section is a Class 2 misdemeanor.
Section
299.
That
§
22-24-1.2
be amended to read as follows:
22-24-1.2.
A person commits the crime of indecent exposure if, with the intent to arouse or
gratify the sexual desire of any person, the person exposes his or her genitals in a public place
under circumstances in which that person knows that person's conduct is likely to annoy, offend,
or alarm another person. A violation of this section is a Class 1 misdemeanor. However, if such
person has been previously convicted of a felony violation of § 22-22-1, 22-22-7, 22-22-19.1, or
22-22-23
22-22-24.2
, that person is guilty of a Class 6 felony. Any person convicted of a third or
subsequent violation of
either
this section
or of former § 22-24-1
is guilty of a Class 6 felony.
Section
300.
That
§
22-24-1.3
be amended to read as follows:
22-24-1.3.
If any person, eighteen years of age or older,
with the intent to arouse or gratify the
sexual desire of any person,
exposes his or her genitals
in a public place
under circumstances in
which that person knows that his or her conduct is likely to annoy, offend, or alarm some
other
person, and that conduct is viewed by and does, in fact, annoy, offend, or alarm any
child, thirteen
years of age or younger, that person is guilty of the crime of
aggravated
indecent exposure
involving a child
.
Aggravated indecent
Indecent
exposure
involving a child
is a
Class 1
misdemeanor
Class 6 felony
. A second or subsequent conviction for
aggravated
indecent exposure
involving a child
is a
Class 6
Class 5
felony.
Section
301.
That
§
22-24-8
be repealed.
Section
302.
That
§
22-24-25.1
be amended to read as follows:
22-24-25.1.
A
Any
county or municipality may provide, by ordinance, for a contemporary
community standards test to regulate the sale, distribution, and use of obscene material and to
regulate obscene live conduct in any commercial establishment or public place within its
jurisdiction.
Section
303.
That
§
22-24-27
be amended to read as follows:
22-24-27.
Terms used in §§ 22-24-25 to 22-24-37, inclusive, mean:
22-24-29.
A person is guilty of disseminating material harmful to minors
when he
if that
person
knowingly gives or makes available to a minor or promotes or possesses with intent to
promote to minors, or
he
if that person
knowingly sells or loans to a minor for monetary
consideration any material described in subdivision § 22-24-27(4).
Section
305.
That
§
22-24-29.1
be amended to read as follows:
22-24-29.1.
It is unlawful for any
No
person
may
knowingly
to
distribute, display, sell, or
exhibit for sale in any public place any magazine, book, or newsprint displaying or containing
obscene material on
the
its
cover
thereof
or material unless
said
the
magazine, book, or newsprint
is wrapped and sealed so that no more than
the
its
title, name, price, or date
thereof
is exposed to
the public and
said
the
magazine, book, or newsprint cannot be viewed or examined without
breaking the seal, wrapping, or covering.
A
Any
person who violates this section is guilty of a
Class 1 misdemeanor.
Section
306.
That
§
22-24-30
be amended to read as follows:
22-24-30.
A person is guilty of disseminating material harmful to minors
when
if
, with
reference to a motion picture, show, or other presentation which depicts nudity, sexual conduct,
or sado-masochistic abuse, and which is harmful to minors,
he
that person
knowingly:
22-24-31.
In any prosecution for disseminating material harmful to minors, it is an affirmative
defense that:
22-24-32.
A person is guilty of a Class 1 misdemeanor
when he
if that person
knowingly
misrepresents that he
or she
is a parent or guardian of a minor for the purpose of obtaining
admission of any minor to any motion picture, show, or other presentation which is harmful to
minors.
Section
309.
That
§
22-24-33
be amended to read as follows:
22-24-33.
A minor is guilty of a Class 2 misdemeanor if
he
that minor
misrepresents his
or her
age for the purpose of obtaining admission to any motion picture, show, or other presentation
which is harmful to minors.
Section
310.
That
§
22-24-34
be amended to read as follows:
22-24-34.
If more than one article or item of material prohibited under §§ 22-24-27 to 22-24-
37, inclusive, is sold, given, advertised for sale, distributed commercially, or promoted,
in violation
of the provisions of said sections
by the same person, after a hearing and determination that
probable cause exists to believe such article or material is harmful to minors
,
each such sale, gift,
advertisement, distribution, or promotion
shall constitute
constitutes
a separate offense.
Section
311.
That
§
22-24-37
be amended to read as follows:
22-24-37.
Sections 22-24-27
The provisions of
§
§
22-24-27
to 22-24-37, inclusive,
shall
do
not apply to any persons who may possess or distribute obscene matter or participate in conduct,
otherwise proscribed by
said
those
sections,
when
if
such possession, distribution, or conduct
occurs:
Section
312.
That
§
22-24-55
be amended to read as follows:
22-24-57.
Any
No
public school that complies with § 22-24-55 or any public library that
complies with § 22-24-56 may
not
be held liable for any damages that may arise from a minor
gaining access to obscene materials through the use of a public access computer that is owned or
controlled by the public school or public library.
Section
314.
That
§
22-24-58
be amended to read as follows:
22-24-58.
For the purposes of §§ 22-24-55 to 22-24-59,
inclusive,
obscene material is defined
pursuant to subdivision 22-24-27(11).
Section
315.
That
§
22-24-64
be amended to read as follows:
22-24-64.
Any of the following persons may bring an action for damages caused by another
person's conduct as proscribed by §§ 22-24-60 to 22-24-68, inclusive:
Section
316.
That
§
22-24-66
be amended to read as follows:
22-24-66.
Any person entitled to bring an action under § 22-24-64 may recover
all of
the
following damages:
22-11A-1.
The term, prisoner,
when
as
used in this chapter, includes every person who is in
custody by being under arrest or by being under process of law issued from a court of competent
jurisdiction, whether civil or criminal. A prisoner at the time of
his
escape need not be in a place
designated for the keeping of prisoners.
Section
318.
That
§
22-11A-2
be amended to read as follows:
22-11A-2.
Any
prisoner who escapes is guilty of
escape by a prisoner constitutes first degree
escape if the prisoner effects the escape:
Section
319.
That chapter
22-11A
be amended by adding thereto a NEW SECTION to read as
follows:
Section
320.
That
§
22-11A-3
be repealed.
Section
321.
That
§
22-11A-4
be amended to read as follows:
22-11A-4.
If a prisoner escapes, the person from whose custody
he
that prisoner
escaped may
immediately pursue and retake
him
that prisoner
at any time and in any place in the state. To retake
a prisoner, the person pursuing may, after notice of
his
intention and refusal of admittance, break
open an outer or inner door or window of a dwelling house or other structure.
Section
322.
That
§
22-11A-5
be amended to read as follows:
22-11A-5.
Any person who
knowingly
conceals any prisoner
who
knowing that the prisoner
has escaped is guilty of a Class 5 felony.
Section
323.
The code counsel shall transfer
§
§
22-11A-6 and 22-11A-7 to an appropriate
chapter in Title 24 and shall renumber the sections accordingly and adjust all appropriate cross
references.
Section
324.
That
§
22-11A-7
be amended to read as follows:
22-11A-7.
In order to obtain reimbursement pursuant to § 22-11A-6, the
chairman
chair
of the
board of county commissioners of the county shall present a claim on a voucher to be approved
by the secretary of corrections for all of the actual expenses paid by the county. When the voucher
is presented to the state auditor,
he
the state auditor
shall examine it and
,
if the claim is just and
valid,
he
the state auditor
shall issue a warrant for payment to be made from funds appropriated
for that purpose, and the state treasurer shall then pay the sum to the treasurer of the county.
Section
325.
That
§
22-11A-8
be repealed.
Section
326.
That
§
22-11A-9
be repealed.
Section
327.
That
§
22-11A-10
be repealed.
Section
328.
The code counsel shall rename chapter 22-11A, Escape.
Section
329.
That
§
22-12A-1
be amended to read as follows:
22-12A-1.
Any person who gives, or agrees or offers to give, any gratuity or reward in
consideration that
he
that person
or any other person
shall
be appointed to any public office, or
shall
be permitted to exercise, perform
,
or discharge the prerogatives or duties of any public office
,
is guilty of a Class 1 misdemeanor.
Section
330.
That
§
22-12A-2
be amended to read as follows:
22-12A-2.
Any person who, directly or indirectly, asks or receives any consideration for
appointing another person or procuring the employment of another person in any public office, or
for permitting or agreeing to permit any other person to exercise any of the prerogatives or duties
of a public office
which the actor holds
, is guilty of a Class 1 misdemeanor.
Section
331.
That
§
22-12A-3
be amended to read as follows:
22-12A-3.
Any appointment or employment to a public office made contrary to § 22-12A-1
or 22-12A-2 is void
, but official acts
. However, no official act
performed prior to conviction of any
offense prohibited by such sections
are not
is
invalid.
Section
332.
That
§
22-12A-4
be amended to read as follows:
22-12A-4.
Any person who gives
,
or offers to give
,
a bribe to any member of the Legislature,
or attempts
,
directly or indirectly
,
by menace, deceit, suppression of truth, or any other corrupt
means, to influence a member
in giving
to give
or
withholding his
to withhold the member's
vote,
or
in not attending
to not attend
the
branch of which he is a member
legislative session
, or any
committee thereof, is guilty of a Class 4 felony.
Section
333.
That
§
22-12A-5
be amended to read as follows:
22-12A-5.
Any member of the Legislature who asks, receives, or agrees to receive any bribe
upon any understanding that
his
the member's
official vote, opinion, judgment, or action
shall
be
influenced thereby, or
shall be
who is
given
any bribe
in any manner upon any particular side of
any question or matter upon which
he
the member
may be required to act in
his
an
official
capacity, is guilty of a Class 4 felony.
Section
334.
That
§
22-12A-6
be amended to read as follows:
22-12A-6.
Any person who gives or offers a bribe to a public officer or employee with intent
to influence
him
the officer or employee
in respect to any act, decision, vote, opinion, or other
proceeding
for
which the officer or employee is responsible
for
, is guilty of a Class 4 felony.
Section 335. That § 22-12A-7 be amended to read as follows:
Section
336.
That
§
22-12A-8
be amended to read as follows:
22-12A-8.
Any public officer or employee who asks or receives any fee or consideration for
any official service which has not been rendered, except charges for prospective costs or fees
demandable in advance
when
, if
allowed by law, or who asks or receives any emolument, gratuity,
reward, or other consideration excepting as authorized by law, for doing any official act, is guilty
of a Class 1 misdemeanor.
Section
337.
That
§
22-12A-10
be amended to read as follows:
22-12A-10.
Any
The public office of any
public officer or employee who is convicted of
violating any provision contained in this chapter
shall
is
forfeit
his public office and
. Moreover,
such public officer or employee
is forever disqualified from holding any public office in this state.
Section
338.
That
§
22-12A-11
be amended to read as follows:
22-12A-11.
Any person who:
Section
339.
That
§
22-46-1
be amended to read as follows:
22-46-1.
Terms used in this chapter mean:
Section
341.
That
§
22-46-2
be amended to read as follows:
22-46-2.
Any person who abuses or neglects a disabled adult in a manner which does not
constitute aggravated assault
, but excluding subdivisions 22-18-1(2) and (4),
is guilty of a Class
6 felony.
Section
342.
That
§
22-46-3
be amended to read as follows:
22-46-3.
Any person who, having assumed the duty by written contract, by receipt of payment
for care, or by order of a court to provide for the support of a disabled adult
,
and having been
entrusted with the property of that disabled adult, with intent to defraud, appropriates such property
to a use or purpose not in the due and lawful execution of
his
that person's
trust, is guilty of theft
by exploitation. Theft by exploitation is punishable
pursuant to the provisions of § 22-30A-17
as
theft pursuant to chapter 22-30A
.
Section
343.
That
§
22-46-6
be amended to read as follows:
22-46-6.
Any institution regulated pursuant to chapter 34-12 and any employee, agent, or
member of a medical or dental staff thereof who, in good faith, makes a report of abuse,
exploitation, or neglect of a disabled adult, is immune from any liability, civil or criminal, that
might otherwise be incurred or imposed, and has the same immunity with respect to participation
in any judicial proceeding resulting from such report.
Immunity
This immunity
also extends in a
like manner to
any
public
officials
official
involved in the investigation of abuse, exploitation, or
neglect of
any
disabled
adults
adult
, or to any person or institution provided herein who in good
faith cooperates with such public officials in an investigation. The provisions of this section
may
do
not
be extended
extend
to any person alleged to have committed any act of abuse or neglect of
a disabled adult.
Section
344.
The code counsel shall transfer
§
22-46-6 to chapter 34-12 and shall renumber
the section accordingly and adjust all appropriate cross references.
Section
345.
That
§
22-10-1
be amended to read as follows:
22-10-1.
Any use of force or violence or any threat to use force or violence
,
if accompanied by
immediate power of execution, by three or more persons
,
acting together and without authority of
law, is riot. Riot is a Class 4 felony.
Section
346.
That chapter
22-10
be amended by adding thereto a NEW SECTION to read as
follows:
Section
347.
That
§
22-10-6
be amended to read as follows:
Section
348.
That
§
22-10-6.1
be amended to read as follows:
22-10-6.1.
Any person who
directed, advised, encouraged, or solicited
does not personally
participate in any riot but who directs, advises, encourages, or solicits
other persons
who
participated
participating
in
a
the
riot to acts of force or violence
, but who himself did not
participate in such riot
is guilty of a Class 5 felony.
Section
349.
That
§
22-10-9
be amended to read as follows:
22-10-9.
Any person who assembles with two or more persons for the purpose of engaging in
conduct constituting riot or aggravated riot or who,
if
being present at an assembly that either has
or develops such a purpose, remains there
,
with intent to advance that purpose
,
is guilty of
unlawful assembly. Unlawful assembly is a Class 1 misdemeanor.
Section
350.
That
§
22-10-11
be amended to read as follows:
22-10-11.
Any person who, during a riot or unlawful assembly, intentionally disobeys a
reasonable public safety order to move, disperse, or refrain from specified activities in the
immediate vicinity of the riot, is guilty of a Class 1 misdemeanor. A public safety order is
an
any
order
designed
, the purpose of which is
to prevent or control disorder
,
or promote the safety of
persons or property, issued by a law enforcement officer or a member of the fire or military forces
concerned with the riot or unlawful assembly.
Section
351.
The code counsel shall transfer
§
22-10-13 to chapter 1-7 and shall renumber the
section accordingly and adjust all appropriate cross references.
Section
352.
That
§
22-10-14
be amended to read as follows:
22-10-14.
Terms used in §§ 22-10-14 to 22-10-16, inclusive, mean:
22-10-15.
The penalty for conviction of any
felony or violent misdemeanor charge
offense
shall
be reclassified
as follows
to the next highest classification in the penalty schedule
if the
commission of such
felony or misdemeanor
offense
is part of a pattern of street gang activity
:
22-10-16.
An allegation that a defendant is a street gang member
must
shall
be filed as a
separate information at the time of, or before,
his
arraignment. The separate information
must
shall
state those criteria, as
outlined
set forth
in subdivision 22-10-14(2), which allegedly identify the
defendant
as a street gang member
,
and
must
shall
be signed by the prosecutor.
Section
355.
The code counsel shall transfer
§
§
22-10-14, 22-10-15, and 22-10-16, to a new
chapter entitled, Street Gang Activity, and shall renumber the sections accordingly and adjust all
appropriate cross references.
Section
356.
That
§
22-1-1
be amended to read as follows:
22-1-1.
The rule of the common law that penal statutes are to be strictly construed has no
application to this title. All its criminal and penal provisions and all penal statutes
are to
shall
be
construed according to the fair import of their terms, with a view to effect their objects and
promote justice.
Section
357.
That
§
22-1-2
be amended to read as follows:
22-1-2.
Terms used in this title mean:
Section
359.
That
§
22-1-4
be amended to read as follows:
22-1-4.
Crimes are
Any crime is
either
felonies
a felony
or
misdemeanors
a misdemeanor
. A
felony is a crime which is or may be punishable by imprisonment in the state penitentiary. Every
other crime is a misdemeanor.
Section
360.
That
§
22-1-6
be amended to read as follows:
22-1-6.
No person may be convicted for the failure to perform an act if the act has been
performed by another person, acting on
his
the other person's
behalf, who is competent by law to
perform it.
Section
361.
That
§
22-1-7
be amended to read as follows:
22-1-7.
In the various cases in which the sending of a letter is made criminal by the statutes of
this state, the offense is deemed complete from the time when such letter is deposited in any post
office or any other place or delivered to any person with intent that it
shall
be forwarded.
Section
362.
That
§
22-1-8
be amended to read as follows:
22-1-8.
No act or omission
shall
may
be deemed criminal or punishable except as prescribed
or authorized by this title or by some other statute of this state.
Section
363.
That
§
22-1-9
be amended to read as follows:
22-1-9.
When
If
the possession of an object is made an offense,
a
no
law enforcement officer
may
not
be convicted of that offense if
he
that law enforcement officer
came into and retained
possession of that object
as part of his
in the course of performing
official duties.
Section
364.
That
§
22-1-11
be amended to read as follows:
22-1-11.
The victim or witness assistant shall:
22-1-12.
No person, other than in the performance of
his
official duties, may disclose the
identity and biographical information concerning a victim of a crime of violence or of a violation
of § 22-22-7 until reasonable efforts have been made to notify one of the immediate family.
Section
366.
The code counsel shall transfer
§
§
22-1-10, 22-1-11, and 22-1-12 to chapter 23A-
28C and shall renumber the sections accordingly and adjust all appropriate cross references.
Section
367.
That
§
22-2-1
be amended to read as follows:
22-2-1.
The omission to specify or affirm in this title any liability to any damages, penalty,
forfeiture, or other remedy imposed by law and allowed to be recovered or enforced in any civil
action or proceeding for any act or omission declared punishable
herein
in this title
does not affect
any right to recover or enforce the same.
Section
368.
That
§
22-2-3
be amended to read as follows:
22-2-3.
An
No
act or omission declared punishable by any statute of this state is
not
less so
because it is also punishable under the laws of another state, government, or country, unless the
contrary is expressly declared
in such
by
statute.
Section
369.
That
§
22-2-6
be amended to read as follows:
22-2-6.
A
No
criminal act is
not the
less punishable as a crime because it is also declared to
be punishable as
a
contempt.
Section
370.
That
§
22-3-1
be amended to read as follows:
22-3-1.
Any person is capable of committing a crime, except those
belonging to
included in
the following classes:
22-3-1.1.
A
No
person who is under the influence of voluntarily consumed or injected alcohol
or controlled substances at the time of committing the act charged
against him
is
not thereby
for
that reason
insane.
Section
372.
That
§
22-3-3
be amended to read as follows:
Section
373.
That
§
22-3-3.1
be amended to read as follows:
22-3-3.1.
The distinction between an accessory before the fact and a principal, and between
principals in the first and second degree, in cases of felony, is abrogated. Any person connected
with the commission of a felony, whether
he
that person
directly commits the act constituting the
offense or aids and abets in its commission, though not present,
must
shall
be prosecuted, tried,
and punished as a principal.
Section
374.
That
§
22-3-5
be amended to read as follows:
22-3-5.
A person is an accessory to a crime, if, with intent to hinder, delay, or prevent the
discovery, detection, apprehension, prosecution, conviction, or punishment of another for the
commission of a felony,
he
that person
renders assistance to the other person. There are no
accessories to misdemeanors.
Section
375.
That
§
22-3-5.1
be amended to read as follows:
22-3-5.1.
An accessory to the commission of a felony may be prosecuted, tried, and punished,
even if the principal is not prosecuted or tried,
and
or
even if the principal was acquitted.
Section
376.
That
§
22-3-8
be amended to read as follows:
22-3-8.
If two or more persons conspire, either to commit any offense against the State of
South Dakota, or to defraud the State of South Dakota, or any county, township, school district,
or municipal corporation in any manner or for any purpose, and one or more of the parties do any
act to effect the object of the conspiracy, each of the parties to such conspiracy
shall be
is
guilty
as follows:
Section
377.
That
§
22-4-1
be amended to read as follows:
22-4-1.
Any
Unless specific provision is made by law, any
person who attempts to commit a
crime and
,
in the attempt
,
does any act toward the commission of the crime, but fails or is
prevented or intercepted in the perpetration
thereof
of that crime
, is punishable
where no provision
is made by law
for
the punishment of
such attempt
, as follows:
22-4-2.
Section 22-4-1 does
The provisions of
§
22-4-1 do
not protect a person who, in
attempting unsuccessfully to commit a crime,
accomplishes the commission of
commits
another
and different crime, whether greater or less in guilt, from suffering the punishment prescribed by
law for the crime committed.
Section
379.
That
§
22-5-1
be amended to read as follows:
Section
380.
That
§
22-5-5
be amended to read as follows:
22-5-5.
No act committed by a person while in a state of voluntary intoxication
shall
may
be
deemed less criminal by reason of
his having been in
such condition. But
whenever
if
the actual
existence of any particular purpose, motive, or intent is a necessary element to constitute any
particular species or degree of crime, the jury may take into consideration the fact that the accused
was intoxicated at the time in determining the purpose, motive, or intent with which
he
the accused
committed the act.
Section
381.
That
§
22-5-7
be amended to read as follows:
22-5-7.
A morbid propensity to commit prohibited acts existing in the mind of a person who
is not shown to have been incapable of knowing the wrongfulness of such acts forms no defense
to a prosecution therefor.
Section
382.
That
§
22-5-9
be amended to read as follows:
22-5-9.
Any person may lawfully resist the commission of any public offense as follows:
22-7-7.
When
If
a defendant has been convicted of one or two prior felonies under the laws of
this state or any other state or the United States, in addition to the principal felony, the sentence
for the principal felony shall be enhanced by changing the class of the principal felony to the next
class which is more severe
, but in no circumstance may the enhancement exceed the sentence for
a Class C felony
. The determination of whether a prior offense is a felony for purposes of this
chapter shall be determined by whether
it is
the prior offense was
a felony under the laws of this
state or under the laws of the United States at the time of conviction of such prior offense. For the
purpose of this section, if the principal felony is not classified it shall be enhanced to the class
which has an equal maximum imprisonment. For the purposes of this section, if the maximum
imprisonment for the principal felony falls between two classifications, the principal felony shall
be enhanced to the class which has the less severe maximum authorized imprisonment.
Section
384.
That
§
22-7-8
be amended to read as follows:
22-7-8.
If a defendant has been convicted of three or more felonies in addition to the principal
felony and one or more of the prior felony convictions was for a crime of violence as defined in
subdivision 22-1-2(9), the sentence for the principal felony shall be enhanced to the sentence for
a
Class 1
Class C
felony.
Section
385.
That
§
22-7-8.1
be amended to read as follows:
22-7-8.1.
If a defendant has been convicted of three or more felonies in addition to the principal
felony and none of the prior felony convictions was for a crime of violence as defined in
subdivision § 22-1-2(9), the sentence for the principal felony shall be enhanced by two levels
but
in no circumstance may the enhancement exceed the sentence for a Class C felony
. A defendant
sentenced
under
pursuant to
this section is eligible for consideration for parole pursuant to § 24-15-
5.
Section
386.
That
§
22-7-9
be amended to read as follows:
22-7-9.
A
No
prior conviction may
not
be considered under either § 22-7-7 or 22-7-8 unless
the defendant was, on such prior conviction, discharged from prison, jail, probation, or parole
within fifteen years of the date of the commission of the principal offense.
In addition
Moreover
,
only one prior conviction arising from the same transaction may be considered.
Section
387.
That
§
22-7-10
be amended to read as follows:
22-7-10.
Whenever any jailer, warden, or prison, probation, parole, or law enforcement officer
has knowledge that any person charged with a felony has been previously convicted within the
meaning of this chapter,
it shall become his duty forthwith to report the facts
that person shall
provide that information
to the state's attorney.
Section
388.
That
§
22-7-11
be amended to read as follows:
22-7-11.
Any allegation that a defendant is an habitual criminal shall be filed as a separate
information at the time of, or before, arraignment. However, the court may, upon motion, permit
the separate information to be filed after the arraignment, but no less than thirty days before the
commencement of trial or entry of a plea of guilty or nolo contendre. The information shall state
the times, places, and specific crimes alleged to be prior convictions and shall be signed by the
prosecutor. An official court record under seal or a criminal history together with fingerprints
certified by the public official having custody thereof is sufficient to be admitted in evidence
,
without further foundation
,
to prove the allegation that the defendant is an habitual criminal.
Section
389.
That
§
22-7-12
be amended to read as follows:
22-7-12.
The defendant shall be apprised of the contents of the habitual offender information
and shall receive a copy of it. The habitual offender information
shall
may
not be divulged to the
jury in any manner unless and until the defendant has been convicted of the principal offense.
Section
390.
That
§
22-22-1
be amended to read as follows:
22-22-1.
Rape is an act of sexual penetration accomplished with any person under any of the
following circumstances:
Section
391.
That
§
22-22-30.1
be repealed.
Section
392.
That
§
22-22-1.2
be amended to read as follows:
22-22-1.2.
If any adult is convicted of any of the following violations, the court shall impose
the following minimum sentences:
22-22-1.3.
Any person convicted of a violation
listed
as provided
in § 22-22-1.2 shall have
included in
his
the offender's
presentence investigation report an assessment
which shall include
including
the following information: the offender's sexual history; intellectual, adaptive and
academic functioning; social and emotional functioning; previous legal history; previous treatment
history; victim selection; risk to the community; and treatment options recommended.
Section
394.
That
§
22-22-1.4
be amended to read as follows:
22-22-1.4.
The sentencing court may impose a sentence other than that which is required by
§ 22-22-1.2 if the court finds that mitigating circumstances exist which require a departure from
the mandatory sentence imposed by § 22-22-1.2. The court's finding of mitigating circumstances
allowed by this section
and the factual basis relied upon by the court shall be in writing.
Section
395.
That
§
22-22-5
be repealed.
Section
396.
That
§
22-22-7.2
be amended to read as follows:
22-22-7.2.
Any person, fifteen years of age or older, who knowingly engages in sexual contact
with another person, other than his
or her
spouse if the other person is sixteen years of age or older
and the other person is incapable, because of physical or mental incapacity, of consenting to sexual
contact, is guilty of a Class 4 felony.
Section 397. That § 22-22-7.3 be amended to read as follows:
Section
398.
That
§
22-22-7.4
be amended to read as follows:
22-22-7.4.
No person fifteen years of age or older may knowingly engage in sexual contact
with another person other than his
or her
spouse who, although capable of consenting, has not
consented to such contact. A violation of this section is a Class 1 misdemeanor.
Section
399.
That
§
22-22-7.5
be amended to read as follows:
22-22-7.5.
The court, upon the conviction of any person of a violation of the provisions of
chapter 22-22 in which the victim was a child or upon an adjudication of a juvenile as a delinquent
child for a violation of the provisions of chapter 22-22 in which the victim was a child, may, as a
part of the sentence or adjudication, order that the defendant or delinquent child not:
Section
400.
That
§
22-22-11
be repealed.
Section
401.
That
§
22-22-24.3
be amended to read as follows:
22-22-24.3.
A person is guilty of sexual exploitation of a minor if the person causes or
knowingly permits a minor to engage in an activity
or the simulation of an activity
that:
Section
402.
That
§
22-22-26
be amended to read as follows:
Section
403.
That
§
22-22-27
be amended to read as follows:
22-22-27.
Terms used in §§ 22-22-28 and 22-22-29 mean:
22-22-28.
A
Any
psychotherapist who knowingly engages in sexual contact, as defined in § 22-
22-7.1, with a person who is not his
or her
spouse and who is
his
a patient who is
emotionally
dependent
patient
on the psychotherapist
at the time of contact, commits a Class 5 felony. Consent
by the patient is not a defense.
Section
405.
That
§
22-22-29
be amended to read as follows:
22-22-29.
A
Any
psychotherapist who knowingly engages in an act of sexual penetration, as
defined in § 22-22-2, with a person who is not his
or her
spouse and who is
his
a patient who is
emotionally dependent
patient
on the psychotherapist
at the time that the act of sexual penetration
is committed, commits a Class 4 felony. Consent by the patient is not a defense.
Section
406.
That
§
22-22-42
be amended to read as follows:
22-22-42.
No person, for the purpose of that person's sexual gratification, may:
Section
407.
The code counsel shall transfer
§
§
22-22-24, to 22-22-24.2, inclusive, and
§
§
22-
22-24.4 to 22-22-25, inclusive, to a new chapter entitled, Child Pornography, and shall renumber
the sections accordingly and adjust all appropriate cross references.
Section
408.
That
§
22-22-24.1
be amended to read as follows:
22-22-24.1.
Terms used in §§ 22-19A-1, 22-22-24 to 22-22-24.19, inclusive, 22-22-25, 22-22-
30, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, mean:
22-22-24.2.
A person is guilty of possessing, manufacturing, or distributing child pornography
if the person:
Section
410.
That
§
22-22-24.5
be amended to read as follows:
22-22-24.5.
A person is guilty of solicitation of a minor if the person eighteen years of age or
older:
Section
411.
That
§
22-22-24.8
be amended to read as follows:
22-22-24.8.
Any of the following persons may bring an action for damages caused by another
person's conduct as proscribed by §§ 22-19A-1, 22-22-24 to 22-22-24.19, inclusive, 22-22-25, 22-
22-30, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive:
Section
412.
That
§
22-22-24.15
be amended to read as follows:
22-22-24.15.
Any person who is convicted of an offense under §§ 22-19A-1, 22-22-24 to 22-
22-24.19, inclusive, 22-22-25, 22-22-30, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, shall
forfeit to the state the person's interest in the following and no property right exists in them:
Section
413.
That
§
22-22-24.19
be amended to read as follows:
22-22-24.19.
Sections
The provisions of
§
§
22-19A-1, 22-22-24 to 22-22-24.19, inclusive, 22-
22-25, 22-22-30, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, do not apply to the
performance of official duties by any law enforcement officer, court employee, attorney, licensed
physician, psychologist, social worker, or any person acting at the direction of a licensed physician,
psychologist, or social worker in the course of a bona fide treatment or professional education
program.
Section
414.
That
§
22-22-25
be amended to read as follows:
22-22-25.
Section
The provisions of
§
22-22-24 and §§ 22-22-24.2, 22-22-24.3, and 22-22-24.5
do not apply to the selling, lending, distributing, exhibiting, giving away, showing, possessing, or
making of films, photographs, or other materials involving only nudity, if the materials are made
for and have a serious literary, artistic, educational, or scientific value.
Section
415.
The code counsel shall transfer
§
§
22-22-30, 22-22-31, 22-22-31.1, 22-22-31.2,
22-22-31.3, 22-22-31.4, 22-22-32, 22-22-32.1, 22-22-33, 22-22-34, 22-22-36, 22-22-38, 22-22-39,
22-22-40, and 22-22-41, and sections 420 to 425, inclusive, of this Act, to a new chapter entitled,
Sex Offender Registry, and shall renumber the sections accordingly and adjust all appropriate cross
references.
Section
416.
That
§
22-22-30
be amended to read as follows:
22-22-30.
For the purposes of §§ 22-22-31 to 22-22-39, inclusive, a sex crime is any of the
following crimes regardless of the date of the commission of the offense or the date of conviction:
22-22-31.
Any person who has been convicted
whether upon a verdict or plea of guilty or a
plea of nolo contendere, or who has received a suspended imposition of sentence which has not
been discharged pursuant to § 23A-27-14 prior to July 1, 1995, for commission of a sex crime, as
defined in § 22-22-30, or any person who is a juvenile fifteen years of age or older adjudicated of
a sex crime, as defined in subdivision 22-22-30(1) or (9), or of felony sexual contact, as defined
in § 22-22-7.2, shall, within ten days of coming into any county to reside, temporarily domicile,
attend school, attend postsecondary education classes, or work, register with the chief of police of
the municipality in which the person resides, domiciles, attends school, attends classes, or works,
or, if no chief of police exists, then with the sheriff of the county
for commission of a sex crime,
as defined in
§
22-22-30, shall register as a sex offender. The term, convicted, includes a verdict
or plea of guilty, a plea of nolo contendere, and a suspended imposition of sentence which has not
been discharged pursuant to 23A-27-14 prior to July 1, 1995. Any juvenile fifteen years or older
shall register as a sex offender if that juvenile has been adjudicated of a sex crime as defined in
§
22-22-30(1), 22-22-20(9), or 22-22-7.2, or of an out-of-state or federal offense that is comparable
to the elements of these three sex crimes. The sex offender shall register within ten days of coming
into any county to reside, temporarily domicile, attend school, attend postsecondary education
classes, or work. Registration shall be with the chief of police of the municipality in which the sex
offender resides, domiciles, attends school, attends classes, or works, or, if no chief of police
exists, then with the sheriff of the county.
A violation of this section is a Class 1 misdemeanor.
However, any subsequent violation is a Class 6 felony. Any person whose sentence is discharged
under § 23A-27-14 after July 1, 1995, shall forward a certified copy of such formal discharge by
certified mail to the Division of Criminal Investigation and to local law enforcement where the
person is then registered under this section. Upon receipt of such notice, the person shall be
removed from the sex offender registry open to public inspection and shall be relieved of further
registration requirements under this section.
Section
418.
That
§
22-22-31.2
be repealed.
Section
419.
That
§
22-22-40
be amended to read as follows:
22-22-40.
Registration records
Any registration record
collected by local law enforcement
agencies pursuant to this chapter, registration lists provided to local law enforcement by the
Division of Criminal Investigation, and records collected by institutions pursuant to § 22-22-38
for those persons required to register under the provisions of §§ 22-22-30 to 22-22-39, inclusive,
are
is a
public
records
record
as provided in chapter 1-27.
Section
420.
Any person required to register under this chapter who is eligible to seek removal
from the registry as provided for in section 422 of this Act may petition the circuit court in the
county where the person resides for an order terminating the person's obligation to register. If the
person seeking removal from the registry is not a resident of this state, but is required to register
under other requirements of
§
22-22-31, then the person may petition the circuit court of any
county of this state where the person is currently registered. The offender shall serve the petition
and all supporting documentation on the state's attorney in the county where the offender is
currently registered, the office of the prosecutor in the jurisdiction where the offense occurred, and
the Attorney General. The Attorney General's office shall respond to each petition to request
removal from the sex offender registry.
Section
421.
The petition and documentation to support the request for removal from the sex
offender registry shall include: