South Dakota Codified Laws
Chapter 01 - Cruelty Abuse And Injury To Animals
Section 40-1-1 - Definition of terms.

40-1-1. Definition of terms.
Terms used in chapters 40-1 and 40-2, mean:
(1)"Abandon," to give up with the intent of never again regaining one's interests in, or rights to, an animal other than placing ownership with a responsible party;
(2)"Animal," any mammal, bird, reptile, amphibian, or fish, except humans;
(3)"Board," the South Dakota Animal Industry Board;
(4)"Cruelty," to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal;
(5)"Dangerous animal," any animal that, by itself or by environmental circumstances, at the determination of the board, any agent or officer of a humane society, or any law enforcement officer, is a threat to the physical well-being of other owned animals or humans;
(6)"Humane killing," to cause the death of an animal in a manner to limit the pain or suffering of the animal as much as reasonably possible under the circumstances;
(7)"Impound," to take physical control and custody of an animal;
(8)"Livestock," any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or other household pets;
(9)"Mistreat," to cause or permit the continuation of unjustifiable physical pain or suffering of an animal;
(10)"Neglect," to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal;
(11)"Proper enclosure," a secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human.

Source: SDC 1939, §40.2201; SL 1991, ch 331, §1; SL 2014, ch 194, §1.

Structure South Dakota Codified Laws