If any person intercepts, molests, insults, or abuses any officer or enlisted member of the National Guard while in the performance of the member’s military duty, the person may be immediately arrested and kept confined, in the discretion of the commanding officer of the force engaged in such duty, until sunset of the same day on which the offense is committed, or for such reasonable time as may be necessary to procure the person’s arrest by the civil authorities. Any such offender is also guilty of a Class 1 misdemeanor.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 1 misdemeanorup to 1 yearup to $2,00
For details, see § 22-6-2

Terms Used In South Dakota Codified Laws 33-3-22

  • Arrest: Taking physical custody of a person by lawful authority.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: SL 1903, ch 185, § 29; SL 1917, ch 297, § 39; RC 1919, § 10599; SDC 1939, § 41.0150; SL 1977, ch 190, § 2; SL 2007, ch 187, § 31.