South Dakota

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Titlesort descending Summary
SD - Cruelty - Consolidated Cruelty Statutes These South Dakota statutes comprise the state's anti-cruelty and animal fighting provisions. "Animal," any mammal, bird, reptile, amphibian, or fish, except humans. "Cruelty” means to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal. Any person who subjects an animal to cruelty is guilty of a Class 6 felony. “Neglect,” means to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal. Any person who neglects an animal is guilty of a Class 1 misdemeanor. Exemptions include regulated scientific experiments using live animals and the destruction of dangerous animals.
SD - Dogs - Consolidated Dog Laws These South Dakota statutes comprise the state's dog laws. Among the provisions include licensing requirements, vicious dog laws, and rabies vaccination provisions.
SD - Ecoterrorism - Chapter 40-38. Protection of Animal Facilities This chapter comprises South Dakota's animal enterprise interference laws. Under the section, it is illegal for a person to intentionally damage or destroy an animal facility, an animal, or property in or on the animal facility; exercise control over the animal facility or an animal located therein; enter the animal facility with the intent to commit prohibited acts; enter an animal facility and remain concealed with the intent to commit prohibited acts; or intentionally release an animal on an animal facility. Violation is a misdemeanor of varying degrees if the damaged property value is less than $1,000 and a Class 4 felony if above $1,000. Any person who violates subdivisions 40-38-2(2) to (5), inclusive, is guilty of a Class 4 felony.
SD - Endangered Species - Chapter 34A-8. Endangered and Threatened Species These South Dakota statutes provide the definitions and regulations related to endangered and threatened species in the state. Under statute, state agencies shall establish and conduct control programs at state expense on private lands that are encroached upon by prairie dogs from contiguous public lands. It is a misdemeanor to take, possess, transport, import, export, process, sell or offer for sale, buy or offer to buy (nor may a common or contract carrier transport or receive for shipment) a listed species as defined by statute.
SD - Equine Activity Liability - Chapter 42-11. Equine Activities. This act stipulates that an equine sponsor, equine professional, doctor of veterinary medicine or any other person, is immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: a person will be held liable for injuries of an equine activity participant if he or she displays a willful and wanton or intentional disregard for the safety of the participant and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will also be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person.
SD - Exotic Pets - Chapter 12:68:18 Nondomestic Animal Control Any person desiring to import nondomestic mammals into South Dakota for release to the wild to become free roaming nondomestic mammals must obtain an entry permit and obtain a certificate of veterinary inspection issued by a licensed veterinarian in the state of origin. Also, a permit is required to possess in South Dakota any nondomestic mammal, or any of its hybrids, of those of the order Carnivora, all nondomestic members of the Felidae, Canidae, Ursidae, Mustelidae, and Hyaenidae families; of the order Artiodactyla, all nondomestic members; of the order Perissodactyla, all nondomestic members of the order Tapiridae and Rhinocerotidae; of the order Proboscidea, African and Asian elephants; and of the order Primates. Permit costs range anywhere from $10 - 100. The regulations also list procedures for escapes, recordkeeping, and inspection.
SD - Exotic Pets - Chapter 40-3. State Animal Industry Board (captive wildlife provisions) These South Dakota statutes establish the Animal Industry Board, which promulgate rules to allow nondomestic mammals that are safe to the public and to the free-roaming animals of the state to be imported or possessed. The Board regulates the breeding, raising, marketing, and transportation of any captive nondomestic mammals. The Board may also develop and implement programs to identify animals and premises involved to further animal health and food safety.
SD - Facility dog - 23A-24-10. Certified therapeutic dogs--Definitions In 2020, South Dakota enacted provisions for the use of "certified therapeutic dogs" for certain witnesses (children or those with developmental disabilities as defined in the law) in criminal proceedings. A certified therapeutic dog is defined as a dog that has received the requisite training or certification and is registered with Therapy Dogs Incorporated, Therapy Dogs International, Assistance Dogs International, or an equivalent organization to perform the duties associated with therapy dogs in places such as hospitals, nursing homes, and other facilities where the emotional benefits of therapy dogs are recognized. Before using the dog, the party desiring to utilize the presence of a certified therapeutic dog must file a motion containing listed information outside the presence of the jury. A handler may accompany the dog and sit behind or next to the witness stand.
SD - Fur - Chapter 40-35. Domesticated Fur-Bearing Animals. These South Dakota statutes pertain to domesticated fur-bearing animals. These animals are subject to private ownership, and documentation is required to possess live fur-bearing animals. Products made from domestic furbearers are considered to be agricultural products and breeding such animals, or marketing the products, is an agricultural pursuit subject to the Department of Agriculture.
SD - Health - 12:68:06:09. Importation of cats and dogs. This South Dakota regulation states that no person may import into the state any dog or cat over three months of age without certification of a current rabies vaccination. Other health requirements for importation are detailed.

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