Any A person who 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 the6 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 imminent10 bodily harm, with or without the actual ability to harm the other person; or11 (5)Intentionally causes bodily injury to another which does not result in serious bodily12 injury; is guilty of simple assault. Simple assault is a Class 1 misdemeanor. However, if. If the14 defendant has been convicted of, or entered a plea of guilty to, two or more violations of § 22- 100 copies were printed on recycled paper by the South DakotaLegislative Research Council at a cost of $.167 per page.v Insertions into existing statutes are indicated by underscores.Deletions from existing statutes are indicated by overstrikes. - 2 -SB 18-1 simple assault under this section, simple assault or aggravated assault under § 22-18-1.05, aggravated assault under § 22-18-1.1, assault under § 22-18-26, intentional contact with bodily fluids under § 22-18-26.1, or assault under § 22-18-29 within ten years of committing the3 current offense, the defendant is guilty of a Class 6 felony for any third or subsequent offense.4