Terms Used In South Dakota Codified Laws 22-18-1.05

  • Contract: A legal written agreement that becomes binding when signed.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Law enforcement officer: any officer, prosecutor, or employee of the state or any of its political subdivisions or of the United States, or, while on duty, an agent or employee of a railroad or express company or security personnel of an airline or airport, who is responsible for the prevention, detection, or prosecution of crimes, for the enforcement of the criminal or highway traffic laws of the state, or for the supervision of confined persons or those persons on supervised release or probation. 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
  • Public officer: any person who holds a position in the state government or in any of its political subdivisions, by election or appointment, for a definite period, whose duties are fixed by law, and who is invested with some portion of the sovereign functions of government. See South Dakota Codified Laws 22-1-2
  • Service: labor that does not include a tangible commodity. See South Dakota Codified Laws 22-1-2
Simple assault, as provided in § 22-18-1, if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occurred while the officer or employee was engaged in the performance of the officer’s or employee’s duties, is a Class 6 felony.
     Aggravated assault, as provided in § 22-18-1.1, if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occurred while the officer or employee was engaged in the performance of the officer’s or employee’s duties, is a Class 2 felony.
     The penalties in this section also apply to a simple assault or aggravated assault if committed against any health care facility personnel while the personnel was engaging in patient care.