(House Bill 1214)
An Act to prohibit forms of caller identification manipulation and to impose a penalty therefor.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That § 49-31-31 be AMENDED:
49-31-31. It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes:
(1) To contact another person with intent to terrorize, intimidate, threaten, harass, or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act;
(2) To contact another person with intent to threaten to inflict physical harm or injury to any person or property;
(3) To contact another person with intent to extort money or other things of value;
(4) To contact another person
with intent to disturb that person by repeated anonymous telephone
calls or intentionally failing to replace the receiver or disengage
the telephone connection
(5) Except as allowed in section 2 of this Act, to contact or to attempt to contact another person and, in so doing, intentionally cause to be displayed as caller identification, a fictitious or misleading name or telephone number:
(a) To defraud, cause harm, or wrongfully obtain anything of value from another person; or
(b) Of another person who has not granted the person the right to display that other person's name or phone number, as applicable.
It is a Class 1 misdemeanor for a person to knowingly permit a telephone or other electronic communication device under his or her control to be used for a purpose prohibited by this section.
Section 2. That chapter 49-31 be amended with a NEW SECTION:
The provisions of subdivision 49-31-31(5) do not apply to:
(1) An authorized activity of a law enforcement agency;
(2) Any investigative, protective, or intelligence activity of a law enforcement agency of the United States, this state or its political subdivisions, or another state or its political subdivisions; or an intelligence agency of the United States;
(3) A protective services or domestic violence shelter or facility;
(4) A telecommunications company in:
(a) Blocking or restricting the name or phone number from being displayed by caller identification equipment or devices; or
(b) Displaying caller identification data sent to the company from the caller; or
(5) Any activity pursuant to a court order that specifically authorizes the use of caller identification manipulation.
Signed March 16, 2022
Catchlines are not law. (§ 2-16-13.1) Underscores indicate new language.
indicate deleted language.