South Dakota Statutes

Statute by categorysort descending Citation Summary
SD - Assistance Animal - Assistance Animal/Guide Dog Laws S D C L § 20-13-23.1 - 4, 32-27-7 - 8; 40-1-38 - 40; 43-32-33 - 36 The following statutes comprise the state's relevant assistance animal and guide dog laws.
SD - Bite - Chapter 40-34. Dog Licenses and Regulation (Vicious Dog Provisions) S D C L § 40-34-13 to 16 This South Dakota statute provides that a vicious dog, defined as any dog which, when unprovoked, in a vicious manner approaches in apparent attitude of attack, or bites, or otherwise attacks a human being including a mailman, meter reader, serviceman, etc. who is on private property by reason of permission of the owner, is a public nuisance. However, no dog may be declared vicious if an injury or damage is sustained to any person who was committing a willful trespass or other tort upon premises occupied by the owner or keeper of the dog, or who was teasing, tormenting, abusing or assaulting the dog or was committing or attempting to commit a crime.
SD - Cruelty - Consolidated Cruelty Statutes S D C L § 9-29-11; S D C L § 40-1-1 - 41; S D C L § 40-2-1 - 9; S D C L § 43-39-12, 12.1; SDCL § 22-22-42, 43, 44 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 S D C L §9-29-12; S D C L § 40-1-41; S D C L § 40-34-1 - 16; S D C L 40-12-1 - 6; S D C L § 41-6-78; § 41-8-15; S D C L § 41-15-14; S D C L § 41-17-18.1 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 S D C L § 40-38-1 - 5 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 S D C L § 34A-8-1 - 13; 34A-8A-1 - 9 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. S D C L § 42-11-1 to 5 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 40-3. State Animal Industry Board (captive wildlife provisions) S D C L § 40-3-23 - 30; SDCL § 7-12-29 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 S D C L § 23A-24-10 - 12 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. S D C L § 40-35-1 to 6 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 - Hunting - 41-1-8. Interference with lawful hunting, trapping, or fishing prohibited--Violation as misdemeanor S D C L § 41-1-8 to 10 This South Dakota law reflects the state's hunter harassment provision. The law prohibits a person from intentionally interfering with any person or group of persons lawfully engaged in the process of taking or attempting to take any game or fish. This includes actions specifically intended to harass and any activity intended to scare or disturb game with the specific intent of preventing their lawful taking. Violation is a Class 2 misdemeanor.
SD - Licenses - 40-34-5. Running at large prohibited by county--County license or tax on dogs S D C L § 40-34-5 This South Dakota statute provides that the board of county commissioners of each of the counties shall have the power to regulate, restrain or prohibit the running at large of dogs and to impose a license or tax on all dogs not licensed or taxed under municipal ordinance, owned or kept by any person within the county.
SD - Lost Property - Chapter 43-41. Lost and Found Property. SDCL § 43-41-1 - 11 These statutes comprise South Dakota's lost property provisions.
SD - Predator Control - Chapter 40-36. Predatory Animal and Reptile Control. S D C L § 40-36-1 - 46 These South Dakota statutes pertain to predatory animal and reptile control. The Department of Game, Fish and Parks and the United States Fish and Wildlife Service work together to control coyotes, feral dogs, fox, prairie dogs, and other wild animals that are injurious to livestock, poultry, game, land, and the public health. Bounties may be paid for coyotes, if the bounty hunter has a license.
SD - Trap - 41-8-28. Trap robbing or injury as misdemeanor S D C L § 41-8-28 This South Dakota law provides that any person who steals, damages or destroys a trap of another, or who steals, damages, or destroys animals, animal carcasses, or the pelts thereof, held fast by such traps, is guilty of a Class 1 misdemeanor.
SD - Trust - 55-1-21. Trust for care of designated animal. S D C L § 55-1-21 South Dakota's pet trust law was enacted in 2006. Amendments to the law in 2018 provide that trusts for the care of a designated animal or animals are valid.
SD - Vehicle - 41-1-5.7. Disposition of deer and antelope killed by motor vehicle S D C L § 41-1-5.7 This South Dakota statute states that if any deer or antelope is killed by a motor vehicle on a public highway, the person who desires to possess that animal shall notify a conservation officer. The conservation officer may give a dated and written authorization allowing possession of the animal at no fee. However, no part of an animal so obtained may be sold, bartered, or traded.
SD - Vehicle - SDCL § 41-1-12. Euthanasia of animal injured in motor vehicle accident SDCL § 41-1-12 - 13 Any person who has seriously injured a wildlife animal or who comes upon a wildlife animal that has been seriously injured in a motor vehicle accident may euthanize the animal if that person has the means, skill, and will to euthanize humanely.
SD - Veterinary - Chapter 36-12. Veterinarians. S D C L § 36-12-1 - 29 These are the state's veterinary practice laws. Among the provisions include licensing requirements, laws concerning the state veterinary board, veterinary records laws, and the laws governing disciplinary actions for impaired or incompetent practitioners.