South Dakota Codified Laws
Chapter 38 - Protection Of Animal Facilities
Section 40-38-4 - Violation of § 40-38-2 as misdemeanor or felony.

40-38-4. Violation of §40-38-2 as misdemeanor or felony.
Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 2 misdemeanor if there is damage of four hundred dollars or less. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 1 misdemeanor if there is damage of an amount greater than four hundred dollars and less than one thousand dollars. Any person who violates subdivision 40-38-2(1) or (6) is guilty of a Class 4 felony if there is damage of one thousand dollars or greater. Any person who violates subdivisions 40-38-2(2) to (5), inclusive, is guilty of a Class 4 felony.

Source: SL 1992, ch 291, §4; SL 2006, ch 130, §16.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 40 - Animals and Livestock

Chapter 38 - Protection Of Animal Facilities

Section 40-38-1 - Definition of terms.

Section 40-38-2 - Prohibited activities--Exemption for lawful activities of governmental agencies.

Section 40-38-3 - Entering or remaining in animal facility where entry forbidden or notice to depart received--"Notice" defined--Exemption for lawful activities of governmental agencies.

Section 40-38-4 - Violation of § 40-38-2 as misdemeanor or felony.

Section 40-38-5 - Civil action by person damaged for three times amount of actual and consequential damages--Costs and attorney fees.