Terms Used In South Dakota Codified Laws 22-18-1

  • Dangerous weapon: or "deadly weapon" any firearm, stun gun, knife, or device, instrument, material, or substance, whether animate or inanimate, which is calculated or designed to inflict death or serious bodily harm, or by the manner in which it is used is likely to inflict death or serious bodily harm. See South Dakota Codified Laws 22-1-2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
  • Offense: or "public offense" any crime, petty offense, violation of a city or county ordinance, or act prohibited by state or federal law. See South Dakota Codified Laws 22-1-2
  • Person: any natural person, unborn child, association, limited liability company, corporation, firm, organization, partnership, or society. See South Dakota Codified Laws 22-1-2
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Serious bodily injury: such injury as is grave and not trivial, and gives rise to apprehension of danger to life, health, or limb. See South Dakota Codified Laws 22-1-2
Any person who:
             (1)      Attempts to cause bodily injury to another and has the actual ability to cause the injury;
             (2)      Recklessly causes bodily injury to another;
             (3)      Negligently causes bodily injury to another with a dangerous weapon;
             (4)      Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or
             (5)      Intentionally causes bodily injury to another which does not result in serious bodily injury;
is guilty of simple assault. Simple assault is a Class 1 misdemeanor. However, if the defendant has been convicted of, or entered a plea of guilty to, two or more violations of § 22-18-1, 22-18-1.1, 22-18-26, or 22-18-29 within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third or subsequent offense.