CHAPTER 120

(HB 1064)



Penalty increased for subsequent conviction for stalking.


         ENTITLED, An Act to  increase the penalty for subsequent convictions for the crime of stalking.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:

     Section  1.  That § 22-19A-1 be amended to read as follows:

     22-19A-1.   Any No person may :

             (1)      Who willfully Willfully , maliciously, and repeatedly follows or harasses follow or harass another person;

             (2)      Who makes Make a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or

             (3)      Who willfully Willfully , maliciously, and repeatedly harasses harass another person by means of any verbal, electronic, digital media, mechanical, telegraphic, or written communication ; is guilty of .

     A violation of this section constitutes the crime of stalking. Stalking is a Class 1 misdemeanor. However, any second or subsequent conviction occurring within ten years of a prior conviction under this section is a Class 6 felony.

     Signed February 6, 2006
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