South DakotaSouth Dakota law classifies serious attacks as aggravated assault
South Dakota law makes several serious attacks and threats aggravated assault, including attempts to cause fear of imminent serious harm by restricting someone’s breathing.
What it does
South Dakota law classifies serious attacks, weapon threats, and attempts to cause fear by restricting someone’s breathing as aggravated assault, a Class 3 felony.
Argument forTreating attempts to cause fear by blocking breathing as aggravated assault may let the law address a dangerous threat even without a described injury.
Argument againstPeople could face a Class 3 felony for attempts as well as completed acts, even when the listed conduct causes no injury.
More detail
South Dakota law classifies the listed conduct as aggravated assault, a Class 3 felony. The law covers a person who commits or attempts the listed acts against another person: causing serious injury with extreme indifference to human life; causing or trying to cause bodily injury with a dangerous weapon; assaulting someone with intent to injure and causing serious injury; threatening imminent serious harm with a deadly weapon or realistic imitation; or trying to cause fear of death or imminent serious harm by restricting breathing.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Mar 9Signed by the Governor Larry Rhoden on 2026-03-09 H.J. 534Became Law
- Mar 2Delivered to the Governor on 2026-03-02 H.J. 466To Governor
- Feb 26Signed by the President S.J. 417Major
- Feb 25Signed by the Speaker H.J. 449Passed Senate
- Feb 24House of Representatives Concurred in amendments , Passed, YEAS 44, NAYS 22 H.J. 422
- Vote recorded Concurred in amendments. Result: pass.Lower
- Feb 20Senate Do Pass Amended , Passed, YEAS 28, NAYS 6 S.J. 346
- Vote recorded Do Pass Amended. Result: pass.Upper
- Feb 20Senate Motion to amend , Passed, S.J. 346 Amendment 1062AMajor
- Feb 19Judiciary Do Pass , Passed, YEAS 4, NAYS 3 S.J. 26Minor
- Vote recorded Do Pass. Result: pass.Upper
- Feb 19Scheduled for hearing S.J. 1
- Jan 27First read in Senate and referred to Senate Judiciary S.J. 121Minor
- Jan 26House of Representatives Do Pass , Passed, YEAS 39, NAYS 28 H.J. 141Passed House
- Vote recorded Do Pass. Result: pass.Lower
- Jan 23Judiciary Do Pass , Passed, YEAS 11, NAYS 2Minor
- Vote recorded Do Pass. Result: pass.Lower
- Jan 23Scheduled for hearing
- Jan 14First read in House and referred to House Judiciary H.J. 24Introduced
Criminal Justice