22-19A-3. Stalking--Subsequent convictions--Violation as felony.
A person who has a second or subsequent conviction occurring within seven years of a prior conviction under §22-19A-1, 22-19A-2, or 22-19A-7 against the same victim, and involving an act of violence, or a credible threat of violence, is guilty of a Class 5 felony. Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of §22-19A-1, 22-19A-2, or 22-19A-7 and involving an act of violence, or a credible threat of violence, and occurring within seven years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a second or subsequent offense.
Source: SL 1992, ch 162, §3; SL 1993, ch 176, §3; SL 2020, ch 83, § 2.
Structure South Dakota Codified Laws
Section 22-19A-1 - Stalking--Violation as misdemeanor--Second or subsequent offense a felony.
Section 22-19A-3 - Stalking--Subsequent convictions--Violation as felony.
Section 22-19A-4 - Harasses defined.
Section 22-19A-5 - Course of conduct defined.
Section 22-19A-6 - Credible threat defined.
Section 22-19A-7 - Stalking a child twelve or younger--Felony.
Section 22-19A-8 - Petition for protection order--Procedures.
Section 22-19A-9 - Filing petition for protection--Venue.
Section 22-19A-10 - Hearing on petition for protection--Time--Service on respondent.
Section 22-19A-11 - Relief granted by protection order.
Section 22-19A-12 - Ex parte temporary order pending full hearing on petition for protection.
Section 22-19A-13 - Exceptional circumstances required before security authorized.
Section 22-19A-14 - Modification of terms of protection order.