South Dakota Assault Laws: Simple vs Aggravated Assault and Penalties

South Dakota does not have a general battery crime. SDCL 22-18-1 defines simple assault to cover attempted and actual bodily injury as well as attempts "by physical menace or credible threat to put another in fear of imminent bodily harm," and SDCL 22-18-1.1 defines aggravated assault, which includes using a dangerous weapon and impeding another person's breathing or blood circulation. Simple assault is a Class 1 misdemeanor; aggravated assault is a Class 3 felony, and simple assault becomes a felony on a third offense within ten years or against a listed public servant or health care worker. For other states, see our guide to assault and battery laws by state.

Information last verified on 2026-10-13. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Dakota's assault statutes in SDCL Chapter 22-18 (including 22-18-1, 22-18-1.05, 22-18-1.1 through 22-18-1.5, the bodily-fluid sections, vehicular and watercraft battery and disorderly conduct), the definitions in 22-1-2, the penalty classes in 22-6-1 and 22-6-2, the domestic abuse definition in 25-10-1 and the civil filing period in 15-2-15. It does not cover self-defense and justification (see South Dakota self-defense laws), protective orders (see South Dakota restraining order laws), sexual offenses, federal assault crimes (see the hub), tribal law or city ordinances.

Assault vs. battery in South Dakota

South Dakota uses one offense, simple assault, for conduct that other states split into assault and battery. SDCL 22-18-1 reads:

"A person is guilty of simple assault, a Class 1 misdemeanor, if the person: (1) Attempts to cause bodily injury to another and has the actual ability to cause the injury; (2) Recklessly causes bodily injury to another; (3) Negligently causes bodily injury to another with a dangerous weapon; (4) Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or (5) Intentionally causes bodily injury to another which does not result in serious bodily injury."

Subdivisions (2), (3) and (5) cover injury that is actually caused, conduct some other states treat as battery, while subdivisions (1) and (4) cover attempts and threats. In Chapter 22-18, the word battery appears only in the names of specific offenses: criminal battery of an unborn child, aggravated battery of an infant, vehicular battery and watercraft battery.

Is assault a felony in South Dakota?

Simple assault is a misdemeanor in its basic form. An assault is a felony in situations including these:

• Aggravated assault. Every form of aggravated assault under 22-18-1.1 is a Class 3 felony.
• A third or later simple assault within ten years. Under 22-18-1, a defendant with two or more prior convictions or guilty pleas for the listed assault offenses within ten years "is guilty of a Class 6 felony for any third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense."
• Simple assault on a listed public servant or health care worker. Under 22-18-1.05, this is a Class 6 felony when the conditions in that section are met.

Class 6 is the lowest of South Dakota's nine felony classes in SDCL 22-6-1, with a maximum of "two years imprisonment in a state correctional facility or a fine of four thousand dollars, or both."

South Dakota assault offenses and penalties

The felony ranges come from SDCL 22-6-1, which lists the "maximum penalties which are authorized upon conviction." For example, a Class 3 felony carries "fifteen years imprisonment in a state correctional facility. In addition, a fine of thirty thousand dollars may be imposed," and a Class 2 felony carries "twenty-five years imprisonment" with a possible $50,000 fine. SDCL 22-6-2 sets the misdemeanor maximums: "one year imprisonment in a county jail or two thousand dollars fine, or both" for a Class 1 misdemeanor and "thirty days imprisonment in a county jail or five hundred dollars fine, or both" for a Class 2 misdemeanor. Both sections require the court to order restitution under chapter 23A-28. These are maximums, not a prediction of the sentence in any case.

These are the ranges for each offense itself. SDCL 22-6-1 adds that "Nothing in this section limits increased sentences for habitual criminals under §§ 22-7-7, 22-7-8, and 22-7-8.1." Under 22-7-7, one or two prior felony convictions move a felony up one class; under 22-7-8.1, three or more prior felonies, none of them a crime of violence, move it up two classes; and under 22-7-8, three or more prior felonies including at least one crime of violence (a list in 22-1-2(9) that includes aggravated assault) raise the sentence to that of a Class C felony, which carries a maximum of life imprisonment and a possible $50,000 fine. None of these enhancements can exceed the Class C sentence.

Definitions that decide the grade

Serious bodily injury. SDCL 22-1-2(45) defines it as "such injury as is grave and not trivial, and gives rise to apprehension of danger to life, health, or limb." The same definitions section contains no separate definition of plain bodily injury.

Dangerous or deadly weapon. SDCL 22-1-2(10) uses one definition for both terms: "any firearm, stun gun, knife, or device, instrument, material, or substance, whether animate or inanimate, which is calculated or designed to inflict death or serious bodily harm, or by the manner in which it is used is likely to inflict death or serious bodily harm."

Strangulation. South Dakota places strangulation inside aggravated assault rather than in a separate section. SDCL 22-18-1.1(5) prohibits any attempt "to induce a fear of death or imminent serious bodily harm by impeding the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck, or by blocking the nose and mouth."

The full aggravated assault section reads:

"No person may: (1) Cause or attempt to cause serious bodily injury to another under circumstances manifesting extreme indifference to the value of human life; (2) Attempt to cause, or knowingly cause, bodily injury to another with a dangerous weapon; (3) Assault another with intent to commit bodily injury, which results in serious bodily injury; (4) Attempt by physical menace with a deadly weapon or a physical object realistically simulating a deadly weapon to put another in fear of imminent serious bodily harm; or (5) Attempt to induce a fear of death or imminent serious bodily harm by impeding the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck, or by blocking the nose and mouth. A person who violates this section is guilty of aggravated assault. Aggravated assault is a Class 3 felony."

Assaulting a police officer, firefighter or health care worker

SDCL 22-18-1.05 makes simple assault a Class 6 felony and aggravated assault a Class 2 felony when 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"

The section then adds: "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." The public-servant list therefore requires that the officer or employee be engaged in the performance of duties, and the health care rule requires that the personnel be engaging in patient care. Teachers and sports officials are not among the victims named in 22-18-1.05.

Bodily fluids. Several sections make intentional contact with "blood, vomit, saliva, mucus, semen, excrement, urine, or human waste" a Class 6 felony when committed by a person in custody or supervision:

• A convicted person or incarcerated person under Department of Corrections jurisdiction, against a Department of Corrections employee, visitor or other person authorized to be on the premises (22-18-26).
• An adult confined in a county or municipal jail, against a jail employee, visitor or other authorized person (22-18-29).
• A person under probationary supervision of the Unified Judicial System, against a Unified Judicial System employee during the performance of the employee's duties (22-18-26.2).
• A juvenile confined in a juvenile detention or juvenile corrections facility, against a facility employee, visitor or other authorized person (22-18-29.1).

For anyone else, 22-18-26.1 makes the same kind of contact a Class 1 misdemeanor when done "with the intent to assault." Chapter 22-18 also makes criminal exposure to HIV a Class 3 felony; it includes a person who knows of the infection throwing, smearing or otherwise causing blood or semen to contact another person for the purpose of exposing that person to HIV (22-18-31(4)). Intentionally directing light from a laser pointer at the body of a law enforcement officer is a Class 1 misdemeanor (22-18-41).

Domestic assault in South Dakota

Chapter 22-18 has no separate domestic assault or domestic battery offense, so an assault on a family or household member is defined by the same sections as any other assault. The protection-order chapter supplies the domestic designation. SDCL 25-10-1(1) defines domestic abuse as:

"physical harm, bodily injury, or attempts to cause physical harm or bodily injury, or the infliction of fear of imminent physical harm or bodily injury when occurring between persons in a relationship described in § 25-10-3.1. Any violation of § 25-10-13 or chapter 22-19A or any crime of violence as defined in subdivision 22-1-2(9) constitutes domestic abuse if the underlying criminal act is committed between persons in such a relationship"

Aggravated assault is one of the crimes listed in the "crime of violence" definition in 22-1-2(9). Under federal law, 18 U.S.C. 922(g)(9) makes it unlawful for a person convicted of a misdemeanor crime of domestic violence to possess a firearm or ammunition in or affecting commerce; the assault and battery hub explains that rule. For protection orders, see South Dakota restraining order laws.

Recent changes

In 2026, House Bill 1062 (2026 Session Laws chapter 101, signed March 9, 2026) amended 22-18-1.1 so that attempting by physical menace with a physical object realistically simulating a deadly weapon to put another in fear of imminent serious bodily harm is aggravated assault, and renumbered the section's subdivisions. Aggravated assault remains a Class 3 felony. Also in 2026, House Bill 1007 (signed March 9, 2026) expanded the definition of law enforcement officer in 22-1-2(22), which 22-18-1.05 relies on, to include an officer, prosecutor or employee of an Indian tribe who is assisting in enforcing the state's criminal or highway traffic laws or in preventing, detecting or prosecuting a crime committed in South Dakota. In 2025, the Legislature added 22-18-42, watercraft battery (2025 Session Laws chapter 92). The bodily-fluid offense for people under Unified Judicial System probation, 22-18-26.2, dates from 2024 (2024 Session Laws chapter 84).

Civil lawsuits for assault and battery

A criminal prosecution and a civil lawsuit are separate. SDCL 15-2-15 provides: "Except where, in special cases, a different limitation is prescribed by statute, the following civil actions other than for the recovery of real property can be commenced only within two years after the cause of action shall have accrued: (1) An action for libel, slander, assault, battery, or false imprisonment." If the injured person was a minor or mentally ill when the claim accrued, 15-2-22 does not count that time, though the extension cannot run longer than one year after the disability ends and, except for minors, no more than five years. A civil action based on intentional conduct for childhood sexual abuse has three years from the act or three years from when the victim discovered or reasonably should have discovered that the act caused the injury, whichever is later; a person who has reached 40 can recover only from the person who committed the abuse (26-10-25). See our guide to the South Dakota statute of limitations for other filing periods.

Related legal issues

Self-defense and defense of others are justifications with their own rules; see South Dakota self-defense laws. For protection orders after domestic abuse, see South Dakota restraining order laws. For clearing a past arrest or conviction record, see South Dakota expungement laws.

Related pages

• Assault and battery laws by state
• South Dakota self-defense laws
• South Dakota restraining order laws
• South Dakota expungement laws
• South Dakota statute of limitations
• North Dakota assault and battery laws
• Nebraska assault and battery laws

This article provides general legal information about South Dakota assault statutes as of 2026-10-13. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in South Dakota.

Last updated: 2026-10-13.

Frequently Asked Questions

What is the difference between assault and battery in South Dakota?

South Dakota has no general battery crime. Simple assault under SDCL 22-18-1 covers both attempted or actual bodily injury and attempts by physical menace or credible threat to put another in fear of imminent bodily harm. The word battery appears only in the names of specific offenses, such as vehicular battery and aggravated battery of an infant.

Is assault a felony in South Dakota?

Simple assault is a Class 1 misdemeanor, but aggravated assault is a Class 3 felony (up to 15 years) under SDCL 22-18-1.1, and the habitual-criminal statutes (22-7-7 to 22-7-8.1) can raise that for a defendant with prior felonies. Simple assault is also a Class 6 felony when it is a third offense within ten years under 22-18-1 or when the victim is in a group listed in 22-18-1.05, under the conditions that section sets.

What is the penalty for simple assault in South Dakota?

Simple assault is a Class 1 misdemeanor, punishable by up to one year in county jail, a $2,000 fine, or both (SDCL 22-18-1; 22-6-2(1)). A third offense within ten years is a Class 6 felony, punishable by up to two years in prison, a $4,000 fine, or both (22-6-1(9)).

What happens if you assault a police officer in South Dakota?

Simple assault on a law enforcement officer while the officer is engaged in the performance of the officer's duties is a Class 6 felony, and aggravated assault on that officer is a Class 2 felony, punishable by up to 25 years in prison and a possible $50,000 fine (SDCL 22-18-1.05; 22-6-1(5)).

Is assaulting a nurse or health care worker a felony in South Dakota?

Yes, when the victim is health care facility personnel engaging in patient care. SDCL 22-18-1.05 applies its penalties to a simple or aggravated assault against any health care facility personnel while the personnel was engaging in patient care: a Class 6 felony for simple assault and a Class 2 felony for aggravated assault.

Is choking someone a felony in South Dakota?

SDCL 22-18-1.1(5) makes it aggravated assault, a Class 3 felony, to attempt to induce a fear of death or imminent serious bodily harm by impeding the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck, or by blocking the nose and mouth.

How long do you have to sue for assault in South Dakota?

SDCL 15-2-15(1) requires an action for libel, slander, assault, battery or false imprisonment to be started within two years after the cause of action accrues, except where, in special cases, a different limitation is prescribed by statute. Longer periods can apply to a claimant who was a minor or mentally ill when the claim arose (15-2-22) and to childhood sexual abuse claims based on intentional conduct (three years from the act or from discovery, whichever is later, 26-10-25).