South Dakota
Is Disorderly Conduct a Misdemeanor in South Dakota? Trespass (2026)
Independently fact-checked against primary sources (last audited October 19, 2026). · 39 primary sources cited on this page. How we verify our legal content
South Dakota's disorderly conduct law, SDCL 22-18-35, makes it a crime to intentionally cause serious public inconvenience, annoyance or alarm, or to create a risk of it, by fighting or violent or threatening behavior, unreasonable noise, disturbing a lawful assembly or meeting, or obstructing traffic. It is a Class 2 misdemeanor, punishable by up to 30 days in the county jail, a $500 fine, or both, and a Class 1 misdemeanor (up to 1 year, $2,000, or both) for a fourth or later offense after three or more convictions or guilty pleas within the preceding ten years.
Trespass in South Dakota is a misdemeanor in every form. Entering or remaining after notice (SDCL 22-35-6) is a Class 2 misdemeanor; criminal trespass, which covers surreptitious entry into a building or structure, entry into a critical infrastructure facility, and defying an order to leave, is a Class 1 misdemeanor (22-35-5, 22-35-6). For other states, see our guide to disorderly conduct and trespass laws by state.
Information last verified on 2026-10-18. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers South Dakota's state statutes on disorderly conduct (SDCL 22-18-35), related public-order offenses in Title 22 (riot, unlawful assembly, funeral picketing, false reports, loitering by registered sex offenders) and a few other titles (school disturbance, public consumption of distilled spirits), and criminal trespass (chapter 22-35 and the hunting trespass rules in chapter 41-9). It does not cover local noise ordinances and quiet hours (see South Dakota noise laws), the civil process for removing occupants (see South Dakota squatters' rights), use of force against an intruder (see South Dakota self-defense laws), municipal ordinances, civil trespass lawsuits, or federal property rules.
What counts as disorderly conduct in South Dakota
The full offense in SDCL 22-18-35 reads:
"Any person who intentionally causes serious public inconvenience, annoyance, or alarm to any other person, or creates a risk thereof by: (1) Engaging in fighting or in violent or threatening behavior; (2) Making unreasonable noise; (3) Disturbing any lawful assembly or meeting of persons without lawful authority; or (4) Obstructing vehicular or pedestrian traffic; is guilty of disorderly conduct."
Three features shape the offense. The mental state is "intentionally." The inconvenience, annoyance or alarm must be "serious." And the list has only four clauses: the statute has no separate clause for abusive or profane language, for creating a hazardous condition, or for refusing an order to disperse (refusing to disperse is a riot-chapter offense, covered below).
The noise clause, (2), is one line; quiet hours and decibel limits are covered in South Dakota noise laws. Where fighting causes injury, the assault statutes may also apply; see South Dakota assault laws.
Chapter 22-13, titled "Breach of the Peace," no longer contains a general offense; the sections that remain are the funeral picketing provisions. South Dakota law also gives every municipality the power "to prevent disorderly conduct, to prohibit public intoxication, and to prevent and suppress riots, affrays, noises, disturbances, and disorderly assemblies in any place" (SDCL 9-29-3), so a city may have its own ordinances on these subjects.
Penalty for disorderly conduct
"Disorderly conduct is a Class 2 misdemeanor," the statute says, but "if the defendant has been convicted of, or entered a plea of guilty to, three or more violations of this section, within the preceding ten years, the defendant is guilty of a Class 1 misdemeanor for any fourth or subsequent offense" (22-18-35). Under SDCL 22-6-2, a Class 2 misdemeanor carries up to "thirty days imprisonment in a county jail or five hundred dollars fine, or both," and a Class 1 misdemeanor up to "one year imprisonment in a county jail or two thousand dollars fine, or both," and the court must also order restitution to any victim. Under SDCL 22-6-5.2, an enhanced penalty for a repeat violation requires that the conviction or plea for the prior offense came before the new offense was committed.
Swearing, yelling and being drunk in public
Section 22-18-35 has no language clause. Yelling can fall under the "unreasonable noise" clause, and threats under "violent or threatening behavior," but in each case only when done intentionally to cause serious public inconvenience, annoyance or alarm, or a risk of it.
Chapter 22-18 contains no public intoxication offense, and the power "to prohibit public intoxication" is one of the municipal powers listed in SDCL 9-29-3. State law does make it a Class 2 misdemeanor "to consume distilled spirits in any public place, other than upon the premises of an on-sale dealer that is licensed to sell distilled spirits or upon the location set forth in a permit" (35-1-5.3). Under 34-20A-55, a person who appears intoxicated or incapacitated by alcohol or drugs and "is clearly dangerous to the health and safety of oneself or others" may be taken into protective custody by law enforcement and brought to an approved treatment facility.
Related public-order offenses
Among the other public-order offenses in South Dakota's criminal code and nearby titles are these:
- Riot (22-10-1). "Any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property is riot." It is a Class 4 felony, punishable by up to 10 years and a fine of up to $20,000 (22-6-1).
- Aggravated riot (22-10-5). Carrying a dangerous weapon while participating in a riot. A Class 3 felony, up to 15 years and up to $30,000. Section 22-10-5.1 provides that "There is no offense of attempted riot or attempted aggravated riot."
- Unlawful assembly (22-10-9). Assembling with two or more persons to engage in riot or aggravated riot, or remaining at an assembly that has or develops that purpose with intent to advance it. A Class 1 misdemeanor.
- Refusal to disperse (22-10-11). During a riot or unlawful assembly, intentionally disobeying "a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot." A public safety order may come from a law enforcement officer or a member of the fire or military forces concerned with the riot. A Class 1 misdemeanor.
- Incitement to riot (22-10-17). With intent to cause a riot, urging three or more people to use force or violence under circumstances in which the force is imminent and the urging is likely to produce it. Urging "does not include the oral or written advocacy of ideas or expression of belief that does not urge the commission of an act or conduct of imminent force or violence," and the section "may not be construed to prevent the peaceable assembly of persons for lawful purposes of protest or petition." A Class 5 felony, up to 5 years and up to $10,000.
- Funeral picketing (22-13-17). "No person may engage in any act of picketing at any funeral service during the period from one hour before the scheduled commencement of the funeral services until one hour after the actual completion of the funeral services." Picketing means protest activities by a person "stationed within one thousand feet of a funeral service" (22-13-19), and funeral services include any ceremony, procession or memorial held in connection with a burial or cremation (22-13-20). A Class 2 misdemeanor, and "Each day on which a person violates this section constitutes a separate offense."
- Standing on a highway to impede traffic (22-18-40). Standing on the paved or main-traveled part of a highway "with intent to impede or stop the flow of traffic," unless directed by law enforcement or seeking help for an emergency or disabled vehicle. A Class 1 misdemeanor.
- False reporting to authorities (22-11-9). Knowingly causing a false fire or other emergency alarm, or knowingly making a false report of a crime or false information to law enforcement. A Class 1 misdemeanor.
- False fire alarm causing death or serious bodily injury (22-11-9.1). A Class 5 felony.
- Falsely reporting a threat (22-11-9.2). A false report, with intent to deceive, about the placing of a bomb, explosive, destructive device, dangerous chemical, biological agent, poison or radioactive substance. A Class 6 felony (up to 2 years, up to $4,000, or both), with restitution for expenses, and at least 50 hours of public service for a minor not tried as an adult.
- Loitering by a registered sex offender (22-24B-24). A person required to register as a sex offender may not loiter within a community safety zone or a public library, subject to listed exceptions for certain juvenile offenses and for a circuit court exemption order. A Class 6 felony; a subsequent violation is a Class 5 felony.
- Disturbance of school (13-32-6). Intentionally disturbing a public or nonpublic school in session, or interrupting its order or management by acts of violence, boisterous conduct or threatening language so as to prevent the teacher or any pupil from performing their duty. A Class 2 misdemeanor.
- Public nuisance (22-36-1). Maintaining a public nuisance for which no other punishment is prescribed is a Class 2 misdemeanor; failing to abate it within sixty days of personal notice from a law enforcement agency is a Class 1 misdemeanor.
Criminal trespass in South Dakota
Two sections, two grades
South Dakota has no numbered trespass degrees. Chapter 22-35 has two trespass sections:
- Criminal trespass (22-35-5). "Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor."
- Entering or refusing to leave property after notice (22-35-6). Knowingly entering or remaining without privilege "in any place where notice against trespass is given." It is a Class 2 misdemeanor, but a trespasser who "defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person," is guilty of criminal trespass, a Class 1 misdemeanor.
No section of chapter 22-35 makes trespass a felony.
Being told to leave, and what counts as notice
Under 22-35-6, notice against trespass can be given in any of three ways:
"(1) Actual communication to the person who subsequently commits the trespass; (2) Posting in a manner reasonably likely to come to the attention of trespassers; or (3) Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers"
The statute sets no sign size, spacing or wording, and chapters 22-35 and 41-9 contain no purple paint or other paint-mark rule. Being told to leave matters twice: a warning given directly to the person is "actual communication," so knowingly entering or remaining afterward is a Class 2 misdemeanor, and defying a personally communicated order to leave raises the offense to a Class 1 misdemeanor.
Statutory defenses
SDCL 22-35-7 provides: "It is an affirmative defense to prosecution under § 22-35-5 or 22-35-6 that: (1) The premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises; or (2) The person reasonably believed that the owner of the premises, or other person permitted to license access to the premises, would have permitted him or her to enter or remain."
Critical infrastructure and emergency areas
A "critical infrastructure facility" (SDCL 22-1-2(9A)) is one of the listed facilities, such as electric utility facilities and substations, water towers and treatment facilities, natural gas facilities, pipelines and tank farms, railroad switching yards, oil and gas locations, communications facilities and state-owned dams, that is "enclosed by a fence or other physical barrier that is obviously designed to exclude trespassers and are clearly marked with a sign that is posted on the property and reasonably likely to come to the attention of any trespasser, and which indicates that entry is forbidden." A pole or tower used for those purposes counts "whether enclosed or marked with a sign or not." Entering or remaining in one, knowing it is not privileged, is a Class 1 misdemeanor under 22-35-5.
Damage is a separate felony. Under 22-34-28, knowingly damaging or tampering with property so as to cause a substantial interruption or impairment of utility, communications, public transportation or critical infrastructure facility service is a Class 6 felony, and a Class 4 felony if the damage or tampering causes physical injury to another person.
Defying an order issued under the emergency management chapter (34-48A) not to enter a defined area, where a notice not to enter is posted, is criminal trespass and a Class 1 misdemeanor (22-35-8).
Hunting, fishing and trapping trespass
"Except as provided in § 41-9-2, no person may fish, hunt, or trap upon any private land without permission from the owner or lessee of the land" (SDCL 41-9-1). A violation is a Class 2 misdemeanor. Under 41-9-8, a court may revoke hunting, fishing or trapping privileges for one year on any violation; a person who knowingly enters or remains on private property to hunt, fish or trap in violation of 41-9-1 or 41-9-2 "shall be fined five hundred dollars, and shall lose hunting, trapping, or fishing privileges for one year," and privileges are revoked for two years after a second or later finding of guilt or conviction within ten years.
In the part of the Black Hills Fire Protection District south of Interstate 90, a separate rule, 41-9-2, bars entering private land to take or kill a bird or animal after the owner or lessee has given notice, orally or by written notices posted at the residence or buildings, at the gates or entering places, and in conspicuous places around the land. It is a Class 2 misdemeanor. Posting another person's land without the owner's or lessee's written consent, or posting public land, is a Class 1 misdemeanor (41-9-4), and removing or destroying notices legally posted under chapter 41-9 is a Class 2 misdemeanor (41-9-5).
Vehicles, burglary and squatting
Entering a motor vehicle without the use of force, or remaining in one after forming an intent to commit a crime in it, is criminal entry of a motor vehicle, a Class 1 misdemeanor (22-32-20).
Trespass becomes burglary when a person enters or remains in a structure "with intent to commit any crime," unless the premises are open to the public or the person is licensed or privileged to be there. Burglary of an occupied structure is second degree burglary, a Class 3 felony (22-32-3), or first degree burglary, a Class 2 felony, when the offender inflicts, attempts or threatens physical harm, is armed with a dangerous weapon, or acts in the nighttime (22-32-1); burglary of an unoccupied structure other than a motor vehicle is third degree burglary, a Class 5 felony (22-32-8).
Chapter 22-35 contains no separate squatting offense. For the civil side of occupancy disputes, see South Dakota squatters' rights; for the rules on force against an intruder, see South Dakota self-defense laws.
South Dakota disorderly conduct and trespass penalties at a glance
| Offense | Statute | What it prohibits | Class | Statutory penalty |
|---|---|---|---|---|
| Disorderly conduct | 22-18-35 | Intentionally causing serious public inconvenience, annoyance or alarm by fighting, unreasonable noise, disturbing a meeting or obstructing traffic | Class 2 misdemeanor | Up to 30 days, $500, or both |
| Disorderly conduct, fourth or later offense | 22-18-35 | Same, after three or more convictions or guilty pleas within ten years | Class 1 misdemeanor | Up to 1 year, $2,000, or both |
| Riot | 22-10-1 | Force or violence by three or more persons acting together | Class 4 felony | Up to 10 years and up to $20,000 |
| Aggravated riot | 22-10-5 | Carrying a dangerous weapon while participating in a riot | Class 3 felony | Up to 15 years and up to $30,000 |
| Incitement to riot | 22-10-17 | Urging three or more people to imminent force or violence, with intent to cause a riot | Class 5 felony | Up to 5 years and up to $10,000 |
| Unlawful assembly | 22-10-9 | Assembling for the purpose of riot | Class 1 misdemeanor | Up to 1 year, $2,000, or both |
| Refusal to disperse | 22-10-11 | Disobeying a public safety order during a riot or unlawful assembly | Class 1 misdemeanor | Up to 1 year, $2,000, or both |
| Funeral picketing | 22-13-17 | Picketing within 1,000 feet of a funeral service, 1 hour before to 1 hour after | Class 2 misdemeanor (each day separate) | Up to 30 days, $500, or both |
| Standing on a highway to impede traffic | 22-18-40 | Standing on the traveled part of a highway to stop traffic | Class 1 misdemeanor | Up to 1 year, $2,000, or both |
| False reporting to authorities | 22-11-9 | False emergency alarm or false crime report | Class 1 misdemeanor | Up to 1 year, $2,000, or both |
| False fire alarm causing death or serious injury | 22-11-9.1 | Intentional false fire alarm resulting in death or serious bodily injury | Class 5 felony | Up to 5 years and up to $10,000 |
| Falsely reporting a threat | 22-11-9.2 | False report of a bomb, explosive or hazardous substance | Class 6 felony | Up to 2 years, $4,000, or both, plus restitution |
| Consuming distilled spirits in public | 35-1-5.3 | Consuming distilled spirits in a public place other than licensed or permitted premises | Class 2 misdemeanor | Up to 30 days, $500, or both |
| Loitering by a registered sex offender | 22-24B-24 | Loitering within a community safety zone or public library, subject to listed exceptions | Class 6 felony; Class 5 for a subsequent violation | Up to 2 years, $4,000, or both; Class 5 up to 5 years and up to $10,000 |
| Disturbance of school | 13-32-6 | Intentionally disturbing a school in session, or interrupting its order by violence, boisterous conduct or threatening language | Class 2 misdemeanor | Up to 30 days, $500, or both |
| Public nuisance | 22-36-1 | Maintaining a public nuisance with no other penalty | Class 2 misdemeanor; Class 1 after failing to abate within 60 days of notice | Up to 30 days, $500, or both; Class 1 up to 1 year, $2,000, or both |
| Criminal trespass | 22-35-5 | Surreptitious entry into a building or structure, or entering a critical infrastructure facility | Class 1 misdemeanor | Up to 1 year, $2,000, or both |
| Entering or remaining after notice | 22-35-6 | Entering or remaining where notice is given by communication, posting or fencing | Class 2 misdemeanor | Up to 30 days, $500, or both |
| Defying an order to leave | 22-35-6 | Defying an order to leave personally communicated by the owner or an authorized person | Class 1 misdemeanor | Up to 1 year, $2,000, or both |
| Defying an emergency area order | 22-35-8 | Entering a posted area closed by an emergency management order | Class 1 misdemeanor | Up to 1 year, $2,000, or both |
| Hunting, fishing or trapping without permission | 41-9-1, 41-9-8 | Hunting, fishing or trapping on private land without permission | Class 2 misdemeanor | Up to 30 days, $500, or both; if knowing, a $500 fine and 1-year loss of privileges (2 years on a repeat within ten years) |
| Posting another's land without consent | 41-9-4 | Posting land without the owner's written consent, or posting public land | Class 1 misdemeanor | Up to 1 year, $2,000, or both |
| Criminal entry of a motor vehicle | 22-32-20 | Entering a vehicle without force, or remaining with intent to commit a crime | Class 1 misdemeanor | Up to 1 year, $2,000, or both |
| Damage interrupting utility or critical infrastructure service | 22-34-28 | Knowingly damaging property, causing a substantial service interruption | Class 6 felony; Class 4 if physical injury results | Up to 2 years, $4,000, or both; Class 4 up to 10 years and up to $20,000 |
| Third degree burglary | 22-32-8 | Entering an unoccupied structure with intent to commit a crime | Class 5 felony | Up to 5 years and up to $10,000 |
The misdemeanor ranges come from SDCL 22-6-2 and the felony ranges from SDCL 22-6-1, which sets the maximum penalty for each class "Except as otherwise provided by law"; both sections also require restitution to victims. For South Dakota's full class table, see South Dakota crime classes and sentences.
Recent changes
- 2026, Session Laws chapter 110. Created SDCL 22-35-9 in the trespass chapter: intentionally misrepresenting an animal as a service animal in a place of public accommodation is a Class 2 misdemeanor. It is not a trespass offense.
- 2020, Session Laws chapters 78 and 79. Chapter 78 amended the riot section (22-10-1, a Class 4 felony) and enacted the current incitement to riot section (22-10-17, a Class 5 felony). Chapter 79 added critical infrastructure facilities to the criminal trespass section (22-35-5) and also amended the service-interruption felony (22-34-28) and the definitions section, where subdivision (9A) defines a critical infrastructure facility.
- 2017, Session Laws chapter 42 (effective March 13, 2017). Enacted the offenses of standing on a highway to impede traffic (22-18-40) and defying an emergency management order restricting an area (22-35-8).
Federal law separately governs conduct on federal property and at the U.S. Capitol; see the disorderly conduct and trespass laws by state hub.
Related South Dakota laws
- Disorderly conduct and trespass laws by state
- South Dakota noise laws
- South Dakota crime classes and sentences
- South Dakota squatters' rights
- South Dakota self-defense laws
- South Dakota assault laws
- How to charge someone with trespassing
This article provides general legal information about South Dakota's disorderly conduct, public-order and criminal trespass statutes as of 2026-10-18. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in South Dakota.
Last updated: 2026-10-18.
Frequently Asked Questions
Is disorderly conduct a misdemeanor in South Dakota?
Yes. Under SDCL 22-18-35 it is a Class 2 misdemeanor, up to 30 days in the county jail, a $500 fine, or both. A fourth or later offense after three or more convictions or guilty pleas within ten years is a Class 1 misdemeanor, up to 1 year, $2,000, or both.
Can you get disorderly conduct for swearing in South Dakota?
Section 22-18-35 has no clause for abusive or profane language. Its four clauses cover fighting or violent or threatening behavior, unreasonable noise, disturbing a lawful meeting, and obstructing traffic, each only when done intentionally to cause serious public inconvenience, annoyance or alarm.
Is public intoxication illegal in South Dakota?
Chapter 22-18 of the criminal code contains no public intoxication offense. SDCL 9-29-3 gives every municipality the power to prohibit public intoxication, so a city ordinance may address it. State law makes consuming distilled spirits in a public place, other than licensed or permitted premises, a Class 2 misdemeanor (35-1-5.3), and under 34-20A-55 a person who appears intoxicated and is clearly dangerous to self or others may be taken into protective custody.
Is trespassing a felony in South Dakota?
No trespass section in chapter 22-35 is a felony; the highest grade is a Class 1 misdemeanor. Entering a structure with intent to commit a crime there is burglary, a felony (22-32-1, 22-32-3, 22-32-8).
Does South Dakota have a purple paint law?
No. Under 22-35-6, notice against trespass is actual communication, posting reasonably likely to come to the attention of trespassers, or fencing a reasonable person would recognize as designed to exclude trespassers. The statute sets no paint, sign size or spacing rule.
What happens if a store or owner tells you to leave in South Dakota?
A warning given directly to the person is actual communication of notice under 22-35-6, and entering or remaining after it is a Class 2 misdemeanor. Defying an order to leave personally communicated by the owner or an authorized person is criminal trespass, a Class 1 misdemeanor.
Is it trespassing to go into a store that is open to the public?
SDCL 22-35-7 provides that it is an affirmative defense to trespass prosecution that the premises were open to the public and the person complied with all lawful conditions on access or remaining, or that the person reasonably believed the owner would have permitted entry.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
South Dakota Codified Laws, Chapter 22-18: ASSAULTS AND PERSONAL INJURIES
§ 22-18-35Disorderly conduct--Misdemeanor.In forcecited in 2 of our articles
Any person who intentionally causes serious public inconvenience, annoyance, or alarm to any other person, or creates a risk thereof by: (1) Engaging in fighting or in violent or threatening behavior; (2) Making unreasonable noise; (3) Disturbing any lawful assembly or meeting of persons without lawful authority; or (4) Obstructing vehicular or pedestrian traffic; is guilty of disorderly conduct. Disorderly conduct is a Class 2 misdemeanor. However, if the defendant has been convicted of, or entered a plea of guilty to, three or more violations of this section, within the preceding ten years, the defendant is guilty of a Class 1 misdemeanor for any fourth or subsequent offense.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Also relied on in: South Dakota Noise Laws (2026): Quiet Hours, Ordinances, Penalties
South Dakota Codified Laws, Chapter 22-35: CRIMINAL TRESPASS
§ 22-35-5Criminal trespass--Violation as misdemeanor.In force
Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 22-35-6Entering or refusing to leave property after notice--Misdemeanor.In force
Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by: (1) Actual communication to the person who subsequently commits the trespass; (2) Posting in a manner reasonably likely to come to the attention of trespassers; or (3) Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers; is guilty of a Class 2 misdemeanor. However, if such trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 22-35-7Affirmative defenses to unlawful occupancy.In force
It is an affirmative defense to prosecution under § 22-35-5 or 22-35-6 that: (1) The premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises; or (2) The person reasonably believed that the owner of the premises, or other person permitted to license access to the premises, would have permitted him or her to enter or remain.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
South Dakota Codified Laws, Chapter 22-10: RIOT AND UNLAWFUL ASSEMBLY
§ 22-10-1Riot--Violation as felony.In force
As used in this chapter, any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property is riot. A violation of this section is a Class 4 felony.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 22-10-9Unlawful assembly--Misdemeanor.In force
Any person who assembles with two or more persons for the purpose of engaging in conduct constituting riot or aggravated riot or who, being present at an assembly that either has or develops such a purpose, remains there, with intent to advance that purpose, is guilty of unlawful assembly. Unlawful assembly is a Class 1 misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 22-10-11Refusal to disperse or refrain from riot or unlawful assembly--Misdemeanor.In force
Any person who, during a riot or unlawful assembly, intentionally disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot, is guilty of a Class 1 misdemeanor. A public safety order is any order, the purpose of which is to prevent or control disorder or promote the safety of persons or property, issued by a law enforcement officer or a member of the fire or military forces concerned with the riot or unlawful assembly. 22-10-17 . Incitement to riot--Violation as felony. Any person who, with the intent to cause a riot, commits an act or engages in conduct that urges three or more people, acting together and without authority of law, to use force or violence to cause any injury to any person or any damage to property, under circumstances in which the force or violence is imminent and the urging is likely to incite or produce the use of force or violence, incites riot.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
§ 22-10-17Incitement to riot--Violation as felony.In force
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
South Dakota Codified Laws, Chapter 22-13: BREACH OF THE PEACE
§ 22-13-17Picketing of funeral services prohibited--Violation as misdemeanor.In force
No person may engage in any act of picketing at any funeral service during the period from one hour before the scheduled commencement of the funeral services until one hour after the actual completion of the funeral services. Any violation of this section is a Class 2 misdemeanor. Each day on which a person violates this section constitutes a separate offense.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
South Dakota Codified Laws, Chapter 22-6: AUTHORIZED PUNISHMENTS
§ 22-6-2Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed.In forcecited in 11 of our articles
Misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction: (1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both; (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both. The court, in imposing sentence on a defendant who has been found guilty of a misdemeanor, shall order, in addition to the sentence that is imposed pursuant to the provisions of this section, that the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28. Except in Titles 1 to 20, inclusive, 22, 25 to 28, inclusive, 32 to 36, inclusive, 40 to 42, inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the performance of an act is prohibited by a statute, and no penalty for the violation of such statute is imposed by a statute, the doing of such act is a Class 2 misdemeanor.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 39 court opinions in our collectionLatest citing opinion in our collection: 2023
Opinions citing this section in our collection:
- State v. Feiok (South Dakota Supreme Court 1985, 364 N.W.2d 536)“…t of the penalty imposed under SDCL 32-22-55 might warrant. SDCL 22-6-2(2) fixes the maximum penalty for a Clas…”
- State v. Auen (South Dakota Supreme Court 1984, 342 N.W.2d 236)“…imprisonment in a county jail or $100 fine, or both. See SDCL 22-6-2. The South Dakota Unified Judicial Syst…”
- State v. Beck (South Dakota Supreme Court 2000, 619 N.W.2d 247)“…ne of one thousand dollars. See SDCL 22-42-6 (Supp.1997); SDCL 22-6-2(1). After plea bargaining, Beck entered…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Dakota Recording Laws (2026): One-Party Consent Rules, South Dakota Surveillance Camera Laws (2026 Guide), South Dakota Windshield Mounting Laws (2026 Guide)
§ 22-6-1Felony classes and penalties--Restitution--Habitual criminal sentences.In forcecited in 14 of our articles
Except as otherwise provided by law, felonies are divided into the following nine classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction: (1) Class A felony: death or life imprisonment in a state correctional facility. A lesser sentence than death or life imprisonment may not be given for a Class A felony. In addition, a fine of fifty thousand dollars may be imposed; (2) Class B felony: life imprisonment in a state correctional facility. A lesser sentence may not be given for a Class B felony. In addition, a fine of fifty thousand dollars may be imposed; (3) Class C felony: life imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (4) Class 1 felony: fifty years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (5) Class 2 felony: twenty-five years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (6) Class 3 felony: fifteen years imprisonment in a state correctional facility.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 145 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):State v. Weiker (1983) read SDCL 22-6-1 Class 1 felony penalty, then life imprisonment, as a maximum rather than a mandatory term, and struck the resulting life sentences as disproportionate under the state constitution. State v. Chipps (2016) applied the section class maximums as the yardstick in gross disproportionality review.
Opinions citing this section in our collection:
- State v. Moeller (South Dakota Supreme Court 1996, 548 N.W.2d 465)“…do so, the conviction for murder in the first degree under SDCL 22-6-1 would be life imprisonment in the state…”
- State v. Weiker (South Dakota Supreme Court 1983, 342 N.W.2d 7)✓A man with three prior burglary convictions drew life without parole on three drug distribution counts as a habitual offender; the court read SDCL 22-6-1(2) as fixing life as the maximum, not a mandatory, Class 1 felony penalty and struck the sentences as disproportionate.
- State v. Rice (South Dakota Supreme Court 2016, 2016 S.D. 18)✓Rice organized a robbery that ended in a fatal shooting and received 80 years with 20 suspended for first-degree manslaughter; the court used the life maximum SDCL 22-6-1 sets for a Class C felony as its yardstick and found the term not grossly disproportionate.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: South Dakota Expungement Laws: Arrest Records, Suspended Imposition, and What You Can Clear, How Many Years for Second Degree Murder? Sentences by State (2026), South Dakota AI Meeting Recording Laws (2026)
South Dakota Codified Laws, Chapter 41-9: FISHING, HUNTING AND TRAPPING ON PRIVATE LAND AND PUBLIC RIGHTS-OF-WAY
§ 41-9-1Landowner's consent required to fish, hunt or trap on private land--Exception--Violation as misdemeanor.In force
Except as provided in § 41-9-2, no person may fish, hunt, or trap upon any private land without permission from the owner or lessee of the land. A violation of this section is a Class 2 misdemeanor and is subject to § 41-9-8.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
South Dakota Codified Laws, Chapter 22-1: DEFINITIONS AND GENERAL PROVISIONS
§ 22-1-2Definitions.In forcecited in 6 of our articles
Terms used in this title mean: (1) If applied to the intent with which an act is done or omitted: (a) The words, "malice, maliciously," and all derivatives thereof import a wish to intentionally vex, annoy, or injure another person, established either by proof or presumption of law; (b) The words, "intent, intentionally," and all derivatives thereof, import a specific design to cause a certain result or, if the material part of a charge is the violation of a prohibition against conduct of a certain nature, regardless of what the offender intends to accomplish thereby, a specific design to engage in conduct of that nature; (c) The words, "knowledge, knowingly," and all derivatives thereof, import only a knowledge that the facts exist which bring the act or omission within the provisions of any statute. A person has knowledge if that person is aware that the facts exist which bring the act or omission within the provisions of any statute.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at sdlegislature.gov
Cited in 144 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- State v. Heumiller (South Dakota Supreme Court 1982, 317 N.W.2d 126)“…uilty of aggravated assault.” “Deadly weapon” is defined in SDCL 22-1-2(9) as “any firearm, knife or device, in…”
- State v. Jenner (South Dakota Supreme Court 1990, 451 N.W.2d 710)“…ction. See, Weatherford, supra, at 55 (interpreting SDCL 22-1-2(18A), now SDCL 22-1-2(20)). Insanity is…”
- State v. Baker (South Dakota Supreme Court 1989, 440 N.W.2d 284)“…attempts to cast a shadow by innuendo in its brief. [2] SDCL 22-1-2(20) provides: `Insanity,' the condit…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Pepper Spray and Stun Gun Laws by State (2026), South Dakota Pepper Spray and Stun Gun Laws (2026), South Dakota Knife Laws (2026): No General Carry Restriction
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Sources and References
- SDCL 22-18-35, disorderly conduct(sdlegislature.gov).gov
- SDCL 22-6-2, misdemeanor classes and penalties(sdlegislature.gov).gov
- SDCL 22-35-6, entering or refusing to leave property after notice(sdlegislature.gov).gov
- SDCL 22-35-5, criminal trespass(sdlegislature.gov).gov
- SDCL 9-29-3, municipal power to prohibit disorders and disturbances(sdlegislature.gov).gov
- SDCL 22-6-5.2, enhanced penalty for second, third or subsequent violations(sdlegislature.gov).gov
- SDCL 22-10-1, riot(sdlegislature.gov).gov
- SDCL 22-6-1, felony classes and penalties(sdlegislature.gov).gov
- SDCL 22-10-5, aggravated riot(sdlegislature.gov).gov
- SDCL 22-10-9, unlawful assembly(sdlegislature.gov).gov
- SDCL 22-10-11, refusal to disperse(sdlegislature.gov).gov
- SDCL 22-10-17, incitement to riot(sdlegislature.gov).gov
- SDCL 22-13-17, picketing of funeral services prohibited(sdlegislature.gov).gov
- SDCL 22-13-19, picketing defined(sdlegislature.gov).gov
- SDCL 22-13-20, funeral services defined(sdlegislature.gov).gov
- SDCL 22-18-40, standing on highway with intent to impede traffic(sdlegislature.gov).gov
- SDCL 22-11-9, false reporting to authorities(sdlegislature.gov).gov
- SDCL 22-11-9.1, false fire alarm causing serious bodily injury or death(sdlegislature.gov).gov
- SDCL 22-11-9.2, falsely reporting a threat(sdlegislature.gov).gov
- SDCL 22-36-1, public nuisance(sdlegislature.gov).gov
- SDCL 22-35-7, affirmative defenses(sdlegislature.gov).gov
- SDCL 22-1-2, definitions (critical infrastructure facility, occupied structure)(sdlegislature.gov).gov
- SDCL 22-34-28, substantial interruption or impairment of utility service(sdlegislature.gov).gov
- SDCL 22-35-8, defiance of emergency management order restricting area(sdlegislature.gov).gov
- SDCL 41-9-1, landowner's consent required to fish, hunt or trap(sdlegislature.gov).gov
- SDCL 41-9-8, unauthorized presence on private property: penalty(sdlegislature.gov).gov
- SDCL 41-9-2, hunting in portions of the Black Hills Fire Protection District(sdlegislature.gov).gov
- SDCL 41-9-4, posting private land without consent(sdlegislature.gov).gov
- SDCL 41-9-5, damage to or destruction of posted notices(sdlegislature.gov).gov
- SDCL 22-32-20, criminal entry of a motor vehicle(sdlegislature.gov).gov
- SDCL 22-32-3, second degree burglary(sdlegislature.gov).gov
- SDCL 22-32-1, first degree burglary(sdlegislature.gov).gov
- SDCL 22-32-8, third degree burglary(sdlegislature.gov).gov
- SDCL 22-35-9, misrepresentation of a service animal(sdlegislature.gov).gov
- SDCL 35-1-5.3, consumption of distilled spirits in public place(sdlegislature.gov).gov
- SDCL 34-20A-55, protective custody of intoxicated or incapacitated person(sdlegislature.gov).gov
- SDCL 22-24B-24, loitering within community safety zone or public library(sdlegislature.gov).gov
- SDCL 13-32-6, disturbance of school(sdlegislature.gov).gov
- SDCL 22-10-5.1, attempted riot or attempted aggravated riot(sdlegislature.gov).gov
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