40-1-40. Harassment defined--Malicious act defined.
For purposes of §§40-1-38 to 40-1-40, inclusive, harass means to engage in any conduct directed toward a service animal that is likely to impede or interfere with the animal's performance of its duties or that places the person with a disability who is being served or assisted by the animal in danger of injury. For purposes of §§40-1-38 to 40-1-40, inclusive, maliciously means actions conducted with the intent to assault, beat, harass, or injure a service animal; actions conducted with the intent to impede or interfere with duties performed by a service animal; actions conducted with the intent to disturb, endanger, or cause emotional distress to a person being served or assisted by a service animal; actions conducted with knowledge that the actions will, or are likely to, harass or injure a service animal; actions conducted with knowledge that the actions will, or are likely to, impede or interfere with duties performed by a service animal; and actions conducted with the knowledge that the actions will, or are likely to, disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal.
Source: SL 1995, ch 234, §3.
Structure South Dakota Codified Laws
Title 40 - Animals and Livestock
Chapter 01 - Cruelty Abuse And Injury To Animals
Section 40-1-1 - Definition of terms.
Section 40-1-2.3 - Neglect, abandonment, or mistreatment of animal--Misdemeanor.
Section 40-1-2.4 - Cruelty to animals--Felony.
Section 40-1-5.1 - Liability of owner or caretaker for impounded animal.
Section 40-1-11 - Entry by officer of place where animal fight conducted--Arrest of persons present.
Section 40-1-11.1 - Seizure of fighting animals and related paraphernalia--Disposition.
Section 40-1-14 - Corporate responsibility for knowledge and acts of agents.
Section 40-1-16 - Regulated scientific experiments permitted--Inspection.
Section 40-1-17 - Exemptions from chapters 40-1 and 40-2.
Section 40-1-20 - Intentionally poisoning animal of another--Misdemeanor--Exceptions.
Section 40-1-28 - Inspection of premises authorized.
Section 40-1-29 - Investigation procedure.
Section 40-1-30 - Records of complaints--Public inspection.
Section 40-1-31 - Liability of officer or agent.
Section 40-1-32 - Liability of parent or guardian for violation by minor.
Section 40-1-34 - Disposition of impounded animals.
Section 40-1-35 - Contract to enforce livestock provisions.
Section 40-1-37 - Use of weapons or tranquilizing agents to control dangerous animals.
Section 40-1-38 - Harassment of service animal accompanying disabled person prohibited.
Section 40-1-39 - Rebuttable presumption of maliciousness.
Section 40-1-40 - Harassment defined--Malicious act defined.