No person, for the purpose of that person’s sexual gratification, may:

(1) Engage in a sexual act with an animal; or

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 5 felonyup to 5 yearsup to $10,000
Class 6 felonyup to 2 yearsup to $4,000
For details, see § 22-6-1

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Terms Used In South Dakota Codified Laws 22-22-42

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Coerce any other person to engage in a sexual act with an animal; or

(3) Use any part of the person’s body or an object to sexually stimulate an animal; or

(4) Videotape a person engaging in a sexual act with an animal; or

(5) Kill or physically abuse an animal.

Any person who violates any provision of this section is guilty of the crime of bestiality. Bestiality is a Class 6 felony. However, if the person has been previously convicted of a sex crime pursuant to § 22-24B-1, any subsequent violation of this section is a Class 5 felony.

Source: SL 2003, ch 127, § 1; SL 2005, ch 120, § 406.