Changes to Existing Law

26.658.9 26.658.10 101st Legislative Session 1062 2026 South Dakota Legislature House Bill 1062 SENATE ENGROSSED Introduced by: Representative Kull Underscores indicate new language. Overstrikes indicate deleted language. An Act to revise a provision related to aggravated assault. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 22-18-1.1 be AMENDED: 3 22-18-1.1. Any person whoNo person may: 4 (1) Attempts Cause or attempt to cause serious bodily injury to another, or causes 5 such injury, under circumstances manifesting extreme indifference to the value of 6 human life; 7 (2) Attempts Attempt to cause, or knowingly causes cause, bodily injury to another 8 with a dangerous weapon; 9 (3) Deleted by SL 2005, ch 120, § 2; 10 (4) Assaults Assault another with intent to commit bodily injury, which results in 11 serious bodily injury; 12 (5)(4) AttemptsAttempt by physical menace with a deadly weapon or a physical object 13 realistically simulating a deadly weapon to put another in fear of imminent serious 14 bodily harm; 14 or 15 (6) Deleted by SL 2005, ch 120, § 2; 16 (7) Deleted by SL 2012, ch 123, § 4; 17 (8)(5) AttemptsAttempt to induce a fear of death or imminent serious bodily harm by 18 impeding the normal breathing or circulation of the blood of another person by 19 applying pressure on the throat or neck, or by blocking the nose and mouth;. 20 A person who violates this section is guilty of aggravated assault. Aggravated 21 assault is a Class 3 felony. 22

26.658.10 26.658.11 101st Legislative Session 1062 2026 South Dakota Legislature House Bill 1062 SENATE ENGROSSED Introduced by: Representative Kull Underscores indicate new language. Overstrikes indicate deleted language. ENROLLED AN ACT ENTITLED An Act to revise a provision related to aggravated assault. 1 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 2 Section 1. That § 22-18-1.1 be AMENDED: 3 22-18-1.1. Any person whoNo No person may: 4 (1) Attempts Cause or attempt to cause serious bodily injury to another, or causes 5 such injury, another under circumstances manifesting extreme indifference to the value of 6 human life; 7 (2) Attempts Attempt to cause, or knowingly causes cause, bodily injury to another 8 with a dangerous weapon; 9 (3) Deleted by SL 2005, ch 120, § 2; 10 (4) Assaults Assault another with intent to commit bodily injury, which results in 11 serious bodily injury; 12 (5)(4) AttemptsAttempt (4) Attempt by physical menace with a deadly weapon or a physical object 13 realistically simulating a deadly weapon to put another in fear of imminent serious 14 bodily harm; or 15 (6) Deleted by SL 2005, ch 120, § 2; 16 (7) Deleted by SL 2012, ch 123, § 4; 17 (8)(5) AttemptsAttempt (5) Attempt to induce a fear of death or imminent serious bodily harm by 18 impeding the normal breathing or circulation of the blood of another person by 19 applying pressure on the throat or neck, or by blocking the nose and mouth;. 20 mouth. A person who violates this section is guilty of aggravated assault. Aggravated 21 assault is a Class 3 felony. 22 26.658.11 2 1062 HB1062 ENROLLED An Act to revise a provision related to aggravated assault. I certify that the attached Act originated in the: House as Bill No. 1062 Chief Clerk of the House Speaker of the House Attest: Chief Clerk of the House President of the Senate Attest: Secretary of the Senate House Bill No. 1062 File No. ____ Chapter No. ______ Received at this Executive Office this _____ day of _____________, 2026 at ____________M. By for the Governor The attached Act is hereby approved this ________ day of ______________, A.D., 2026 Governor STATE OF SOUTH DAKOTA, ss. Office of the Secretary of State Filed ____________, 2026 at _________ o'clock __M. Secretary of State By Asst. Secretary of State