South Dakota Codified Laws 49-31-31. Contact by telephone or other device–Threatening, harassing, or misleading contacts–Penalty
It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes:
(1) To contact another person with intent to terrorize, intimidate, threaten, harass, or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act;
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:Class | Prison | Fine |
---|---|---|
Class 1 misdemeanor | up to 1 year | up to $2,00 |
Terms Used In South Dakota Codified Laws 49-31-31
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
(2) To contact another person with intent to threaten to inflict physical harm or injury to any person or property;
(3) To contact another person with intent to extort money or other things of value;
(4) To contact another person with intent to disturb that person by repeated anonymous telephone calls or intentionally failing to replace the receiver or disengage the telephone connection; or
(5) Except as allowed in § 49-31-31.2, to contact or to attempt to contact another person and, in so doing, intentionally cause to be displayed as caller identification, a fictitious or misleading name or telephone number:
(a) To defraud, cause harm, or wrongfully obtain anything of value from another person; or
(b) Of another person who has not granted the person the right to display that other person’s name or phone number, as applicable.
It is a Class 1 misdemeanor for a person to knowingly permit a telephone or other electronic communication device under his or her control to be used for a purpose prohibited by this section.
Source: SL 1967, ch 30, § 1; SL 1983, ch 15, § 121; SL 2008, ch 240, § 1; SL 2011, ch 206, § 1; SL 2022, ch 170, § 1.