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increase the enhanced penalty for the crime of simple assault.

This bill increases the punishment for repeat simple assault offenses. Under current law, a third simple assault conviction within 10 years is a Class 6 felony, but this bill makes it a Class 5 felony, and raises a fifth or subsequent offense from Class 5 to Class 4 felony. The change makes repeat assault offenders face stricter felony penalties.

increase the penalty for protection order violations.

This bill increases penalties for violating domestic abuse and stalking protection orders when someone has multiple prior violations. If someone violates a protection order and has two or more prior convictions for similar violations within the past ten years, they now face escalating felony charges—Class 6 felony for a third offense, Class 5 felony for a fourth offense, and Class 4 felony for a fifth or later offense.

reduce the penalty for manslaughter.

This bill reduces the criminal penalty for first-degree manslaughter from a Class C felony to a Class 2 felony, making the punishment less severe for people convicted of killing someone without intent during the commission of a felony, in a heat of passion, with a dangerous weapon, or while resisting a crime. The change affects all the different circumstances that qualify as first-degree manslaughter under South Dakota law.

establish the crime of possession, manufacturing, or distribution of obscene dolls.

South Dakota would make it a felony to create, allow the creation of, or distribute child-like sex dolls—dolls designed to resemble minors and intended for sexual use. A first offense would be a Class 4 felony, but a second offense within 15 years would increase to a Class 3 felony. This creates a new crime in state law aimed at restricting these specific items.

establish the crime of torture of a human trafficking victim and provide a penalty therefor.

SB148 creates a new crime in South Dakota law specifically for torturing someone who is a victim of human trafficking. The bill establishes penalties for anyone convicted of this offense, making torture of trafficking victims a distinct criminal charge beyond existing assault or battery laws.

provide a penalty for sexual contact with a minor by a person holding a position of authority.

This bill creates a new crime in South Dakota targeting adults in positions of authority—such as teachers, coaches, clergy, or healthcare providers—who engage in sexual contact with minors under 18. An adult at least 18 years old and two years older than the victim commits a Class 3 felony if they have interacted with the minor in any authority role (even briefly) within the past 120 days and knowingly have sexual contact with them. The law also extends the statute of limitations, allowing prosecutors to bring charges until the victim turns 25 or within seven years of the crime, whichever is longer.

revise criminal provisions regarding certain visual recordings or photographic devices.

HB1204 strengthens South Dakota's laws against non-consensual intimate photography by clarifying that it's illegal to use cameras or recording devices to photograph or record someone's body or undergarments without their knowledge or consent, with intent to self-gratify, harass, or invade their privacy. The law makes this a Class 1 misdemeanor, but escalates it to a Class 6 felony if the victim is under 18 and the perpetrator is at least 21 years old.

revise the penalty for the ingestion of certain controlled substances.

This bill reduces the penalty for possessing Schedule III or IV controlled substances in your body from a Class 6 felony to a Class 1 misdemeanor for first-time offenders. The penalties for Schedule I or II substances (Class 5 felony) and repeat offenses remain unchanged, but this gives judges more flexibility in sentencing for less serious drugs while still requiring drug evaluation and treatment as conditions of probation.

clarify the penalty for using fireworks in violation of a county resolution, and to declare an emergency.

South Dakota counties can already regulate fireworks during high fire danger periods, but this bill clarifies that violating a county's fireworks restriction is a Class 2 misdemeanor (a criminal offense). The change makes the penalty for breaking these rules explicit in state law, ensuring consistent enforcement across counties when fire danger reaches extreme levels.

limit the application of the death penalty.

South Dakota currently allows judges and juries to consider multiple circumstances when deciding whether to impose the death penalty; this bill narrows those circumstances by removing some factors that can justify a death sentence. The specific aggravating circumstances that qualify for capital punishment are being reduced, making it harder for prosecutors to pursue the death penalty in certain cases.

place certain substances on the controlled substances schedule and to declare an emergency.

South Dakota is adding 38 synthetic opioid drugs and similar substances to its list of Schedule I controlled substances, making possession or distribution of these drugs a serious felony offense. These are primarily designer opioids and pharmaceutical compounds that mimic the effects of heroin or morphine but were not previously listed under state law. The bill was declared an emergency, meaning it took effect immediately upon passage rather than waiting for the standard effective date.

revise and establish certain provisions related to drug crimes and enforcement and create a penalty therefor.

SB 189 revises South Dakota's drug crime laws by updating definitions related to controlled substances, drug delivery, and distribution to clarify what counts as drug offenses. The bill repeals an existing law section (§7-8-16) and modifies the definitions chapter to include language about drugs in their "altered state" when absorbed into the human body, expanding what substances fall under drug crime penalties. These changes establish clearer standards for prosecuting drug-related crimes across the state.

revise certain provisions regarding sentencing.

provide definitions regarding the crime of rape.

South Dakota law now specifically defines rape into four categories based on the victim's age and the circumstances of the crime, with penalties ranging from Class C felonies (most serious) to Class 3 felonies. The law eliminates the statute of limitations for the two most serious forms of rape—those involving victims under 13 or involving force and coercion—meaning these cases can be prosecuted at any time. This clarifies and reorganizes South Dakota's rape statutes to establish clear legal definitions and consequences for different rape scenarios.

make certain uses of laser pointers unlawful.

SB79 makes it unlawful to aim or point laser pointers at people, vehicles, or aircraft in ways that could interfere with their safety or operation. The bill updates South Dakota's penalties and definitions for laser pointer misuse across multiple sections of law, while repealing several outdated statutes related to these regulations.

revise provisions regarding hate crimes.

South Dakota's hate crime law is being updated to add two new protected categories: people based on their sexual orientation, gender identity, or identification as a Native American Two-Spirit person now receive the same legal protection against intimidation, harassment, physical injury, and property damage that the law already provided for race, ethnicity, religion, ancestry, and national origin. The bill maintains the existing Class 6 felony penalty for violations.