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