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revise and repeal provisions related to rape offenses and to increase the penalty therefor.

South Dakota's rape law is being reorganized and made stricter: rape involving a child under 13 moves from a Class C felony to the more serious Class B felony, while the definitions and circumstances for other rape offenses remain largely the same. The bill also repeals one existing rape statute and removes the statute of limitations for all rape charges, meaning prosecutors can bring charges at any time regardless of how long ago the crime occurred.

revise certain provisions related to stalking, establish the crime of felony stalking of a public official, and provide a penalty therefor.

This bill expands South Dakota's stalking law to include a new crime: posting someone's home address, work location, school, or other identifying information online without consent, if done to intimidate or harass them. The bill also creates a new felony offense for stalking public officials, making such conduct a more serious crime than regular stalking.

establish the crime of trespass upon a place of worship, provide a penalty therefor, and declare an emergency.

South Dakota would create a new felony crime for trespassing at places of worship with intent to disrupt services, harass worshippers, or intimidate congregants through fear or political coercion. The law applies to anyone entering or remaining on a place of worship's premises or within 50 feet of its exits during the hour before or after services, with violators facing Class 5 felony charges. The bill takes effect immediately upon passage.

repeal capital punishment.

South Dakota would eliminate the death penalty as a punishment for crimes under this bill. The legislation removes capital punishment from state law and adjusts related criminal penalties, including how attempted crimes and criminal solicitation are classified when the underlying offense would have been subject to execution. Anyone currently sentenced to death would have their sentence converted to life imprisonment instead.

enhance the penalties for ingestion, possession with intent to deliver, and delivery of a controlled substance in a state correctional facility.

This bill strengthens penalties for bringing drugs and other contraband into South Dakota prisons by increasing the felony classifications for drug delivery to inmates. Specifically, possessing or delivering any prescription or non-prescription drug to an inmate becomes a Class 3 felony (up from a lower classification), and the bill also adds penalties for inmates who ingest controlled substances while incarcerated. The enhanced penalties apply to prison employees and visitors who smuggle these items into correctional facilities.

increase the penalty for preventing practice of religion.

This bill makes it a Class 6 felony (up from a lower penalty level) to use threats or violence to prevent someone from practicing their religion. The law applies to anyone who intentionally stops another person from performing activities that their religion requires or recommends.

establish the crime of failure to summon aid for a suicide attempt and provide a penalty therefor.

This bill creates a new crime called "failure to summon aid for a suicide attempt," making it a Class 1 misdemeanor if someone who is present when another person is attempting suicide intentionally fails to call law enforcement, medical personnel, or other emergency help. The law includes several defenses, such as if the person reasonably feared harm to themselves or others, already believed help was called, is under 18 years old, or couldn't reasonably summon aid in the circumstances.

prohibit a person from refusing to identify oneself in certain circumstances and to provide a penalty therefor.

This bill makes it illegal for someone to refuse to show identification when a merchant or law enforcement officer lawfully detains them for suspected underage alcohol purchase or possession. A person who refuses to verify their identity in these circumstances commits a Class 2 misdemeanor, adding a criminal penalty where none previously existed.

modify the crime of cruelty to an animal and increase the penalty therefor.

South Dakota currently has animal cruelty laws, but this bill creates a new enhanced penalty for the most severe cases. If someone commits animal cruelty in an especially cruel way—described as depraved, heinous, sadistic, or wicked—they can now be charged with a Class 4 felony instead of a lesser offense. This gives prosecutors the option to pursue more serious charges when animal abuse is particularly brutal or intentional.

revise and repeal provisions allowing probation for contempt of a custody or visitation decree.

South Dakota is removing a legal exception that previously allowed people accused of violating custody or visitation orders to receive probation instead of facing contempt charges. The bill eliminates two sections of law (§ 25-4A-6 and § 25-4A-7) that created this probation option, making violations of custody and visitation decrees subject to stricter penalties without the possibility of probation as an alternative.

increase penalties for the operation of drones over certain facilities and to provide for mitigation techniques and countermeasures.

Operating a drone over prisons, jails, juvenile detention facilities, or military installations without permission is now a Class 6 felony (a more serious crime than before). Law enforcement officers are authorized to use countermeasures and mitigation techniques to stop illegal drones, and the Department of Public Safety will create rules and training programs to guide officers on which techniques are allowed and how to use them.

revise a provision related to criminal invasions of privacy, prohibit the creation and distribution of digitally fabricated material of an identifiable individual, and provide penalties therefor.

South Dakota law now prohibits creating and sharing digitally fabricated (deepfake) sexual images of identifiable people, making it illegal to generate or distribute fake nude or sexually explicit videos or photos of someone without their consent. The bill also expands the existing "invasion of privacy" law to make clear that both the creation and distribution of such deepfakes are crimes, with penalties ranging from misdemeanor to felony charges depending on whether the victim is a minor.

permit a court to commit a juvenile adjudicated delinquent for certain weapons offenses to the Department of Corrections.

SB 179 allows judges to send juveniles convicted of certain weapons offenses to South Dakota's adult prison system (Department of Corrections) instead of limiting them to juvenile facilities or community-based programs. Previously, judges had to choose from less restrictive options like probation, community service, or juvenile detention when sentencing young people found delinquent. This change gives courts the option to impose adult incarceration for serious weapons violations committed by minors.

revise a provision related to driving under the influence.

South Dakota law on repeat drunk driving convictions now requires a mandatory minimum of six years in prison (with at least one year on parole) for sixth or subsequent DUI offenses when the person has five prior DUI convictions within 15 years. The court can only avoid this sentence if it orders the person into a specialized drug, DUI, veterans, or mental health court program, and the law strengthens license revocation requirements and parole monitoring conditions like ignition interlocks or alcohol monitoring devices.

ban kratom and kratom products and to provide a penalty therefor.

South Dakota would ban the possession, sale, and consumption of kratom and kratom products for everyone, making it a Class 2 misdemeanor offense. This repeals the state's current age-restriction law that only prohibited kratom sales to people under 21 and regulated kratom product purity standards, replacing it with a complete prohibition on the substance itself.

establish the crime of fraudulent assisted reproduction and provide a penalty and civil liability therefor.

This bill creates a new crime called "fraudulent assisted reproduction" that makes it illegal for health care providers to use someone else's sperm or eggs in a fertility procedure without the patient's written consent, or to use their own reproductive material without consent—punishable as a Class 5 felony. The bill also allows patients and certain other individuals to sue health care providers who commit this crime for damages. Importantly, the time limit to prosecute these crimes doesn't start until the victim discovers and reports the fraud to law enforcement.

prohibit the dissemination of location information about a public officer and provide a penalty and civil cause of action therefor.

This bill makes it a Class 6 felony to publicly share the home address, workplace, or school location of a current or former public officer or their family members without permission if done to harass, intimidate, threaten, or make them fear for their safety. The bill also creates a separate civil lawsuit option allowing public officers to sue for damages, emotional distress, attorney fees, and punitive damages—regardless of whether criminal charges are filed or result in conviction.

prohibit the misrepresentation of an animal as a service animal and to provide a penalty therefor.

South Dakota now makes it illegal to falsely claim that a pet is a service animal in public places in order to gain access or privileges meant for people with actual service dogs. A violation is a Class 2 misdemeanor, and the law clarifies that only dogs specially trained to perform disability-related tasks count as service animals—not pets kept simply for emotional support or comfort.

revise certain provisions related to operating a vehicle, boat, or aircraft while under the influence.

This bill updates South Dakota's drunk and impaired driving laws to clarify language around alcohol content limits and expand the definition of impairment to explicitly include marijuana and prescription drugs in addition to controlled substances. The changes apply to regular vehicles, commercial vehicles, boats, and aircraft, and adjust the legal standards for determining when a driver is too impaired to operate safely.

prohibit the dispensing, distribution, sale, or advertisement of certain articles or things for purposes of an unlawful abortion and provide a criminal and civil penalty therefor.

This bill makes it a felony crime to knowingly sell, distribute, advertise, or give away items (including drugs, medicines, or instruments) intended to be used for an abortion that violates South Dakota's existing abortion ban. It also allows the state attorney general to sue violators for civil penalties up to $10,000 per violation, with collected money going to a state fund supporting abortion restrictions.

prohibit the electronic publication of certain information about a judicial officer or law enforcement officer and provide a penalty therefor.

This bill makes it illegal to electronically publish a judge's or law enforcement officer's home address, date of birth, or social security number without their permission if you intend to threaten them or their family with death or serious injury. Violating this new law is a Class 6 felony.

increase civil penalties for commercial driver violations.

HB 1050 increases civil penalties that employers and commercial drivers must pay for violations related to hiring drivers with suspended licenses, violating out-of-service orders, and other commercial driver violations. The penalty increases are modest—ranging from $2 to $3 increases on individual penalties and $2 to $4 increases on employer penalties—reflecting adjustments to keep penalties current with inflation or regulatory updates.

authorize the issuance of no-trespass orders by private security officers, require the establishment of buffer zones per written no-trespass orders, and afford municipalities greater authority to regulate trespass.

HB1025 allows private security officers to issue written no-trespass orders and requires that anyone receiving such an order stay at least 50 feet away from the property. The bill also upgrades the penalty for ignoring a no-trespass order from a Class 2 misdemeanor to a Class 1 misdemeanor, and gives municipalities more power to regulate trespassing within their areas.

revise a provision related to theft by a contractor, subcontractor, or supplier.

This bill clarifies the theft law for contractors, subcontractors, and suppliers who misuse money or property entrusted to them for real estate improvements. Under the revised law, these workers commit theft if they take property they received for improvement work and use it for purposes other than paying for labor, materials, or skills needed for that project. Penalties for this theft offense are now tied to South Dakota's standard theft penalties rather than any separate provision.

add certain substances to Schedule I of the controlled substances schedule.

South Dakota is adding 50 powerful synthetic drugs and opioids to its list of illegal substances with the strictest penalties (Schedule I). These newly banned drugs include dangerous synthetic opioids like W-18 and isotonitazene, as well as other controlled substances that were previously legal or unregulated in the state.

ban kratom and kratom products and to provide a penalty therefor.

South Dakota would completely ban kratom and products containing kratom or synthetic versions of its active compounds, making it illegal for anyone to sell, distribute, possess, or consume them—violations would be Class 2 misdemeanors. This bill repeals the state's current regulations that allowed kratom sales to adults over 21 and set purity standards for kratom products, replacing them with an outright prohibition.

revise a provision related to loitering within a community safety zone.

This bill modifies the law restricting where sex offenders can be present by clarifying that registered sex offenders are prohibited from loitering in community safety zones or public libraries, even if they have a legitimate reason like visiting a minor in their care or custody. The change adds an exception for offenders who were juveniles when they committed the offense and weren't tried as adults, or who received a court order exempting them from these restrictions. Violations remain punishable as a Class 6 felony for the first offense and a Class 5 felony for subsequent violations.

add coaches to the list of mandatory reporters of child abuse or neglect.

Coaches of school activities must now report suspected child abuse or neglect to authorities, joining other professionals like teachers, counselors, and law enforcement on South Dakota's mandatory reporting list. Coaches who knowingly fail to make this report face criminal charges as a Class 1 misdemeanor.

prohibit COVID-19 vaccination requirements and to provide a penalty therefor.

This bill prohibits employers, schools, state agencies, and other entities from requiring people to get COVID-19 vaccinations as a condition of employment, enrollment, or receiving services or benefits. Anyone who violates this prohibition can be charged with a Class 2 misdemeanor, which is a criminal offense.

prohibit geoengineering in this state.

South Dakota would make it illegal for anyone to engage in geoengineering—defined as large-scale efforts to remove carbon dioxide from the atmosphere or reflect sunlight away from Earth to combat climate change. Violating this prohibition would be a Class 6 felony, the most serious criminal charge in the state.

revise a provision regulating delta-8 tetrahydrocannabinol, THC-O acetate, and hexahydrocannabinol for persons under the age of twenty-one and to provide a penalty therefor.

This bill updates South Dakota's rules on synthetic cannabinoids by making it illegal for anyone to sell, give, or provide delta-8 THC, THC-O acetate, or hexahydrocannabinol products to people under age 21, with an exception only for prescribed medical use or if a parent or guardian obtains it as medicine from a doctor. The bill also makes it illegal for minors to purchase, possess, or consume these products except when prescribed by a healthcare provider. These restrictions now apply to four specific cannabis-related compounds rather than just the ones previously regulated.

clarify the prohibition on injuring or harassing a service animal.

South Dakota law already prohibits harming service animals, but this bill clarifies what counts as a service animal by defining it as a dog trained to perform work or tasks related to a person's disability—excluding dogs whose only purpose is to provide emotional support or comfort. The law remains a Class 1 misdemeanor to injure or interfere with such an animal, but now explicitly lists behaviors like enticing, distracting, or intimidating the animal as violations.

authorize the removal of occupants from certain short-term lodging accommodations, and to provide a penalty therefor.

South Dakota hotels, campgrounds, and RV parks can now eject guests who fail to check out or pay by the scheduled time, but must first send a written request (by email, text, or paper) and wait 24 hours before involving law enforcement. Guests who refuse to leave after this 24-hour notice commit a Class 1 misdemeanor, though they can sue for damages if wrongfully removed.

revise provisions in order to strengthen protections for unborn children.

This bill expands South Dakota law to provide legal protections for unborn children by allowing wrongful death lawsuits when an unborn child is injured or killed, with damages going to the mother or married parents. It also applies criminal offense penalties to harm against unborn children, while exempting medical procedures performed to save a pregnant mother's life. The bill repeals two existing sections of law related to abortion procedures.

establish a post-employment restriction for employees of the Governor's Office of Economic Development and create a penalty therefor.

Employees of the Governor's Office of Economic Development are now banned from working for or doing business with any company that received state economic development grants, loans, or other financial assistance from the office for five years after they leave their job. Violations of this restriction are classified as a Class 1 misdemeanor, making it a criminal offense.

revise a provision related to aggravated assault.

HB 1062 clarifies South Dakota's aggravated assault law by listing five specific situations that constitute this felony, including causing serious bodily injury with extreme indifference to human life, assaulting someone with a dangerous weapon, and impeding someone's breathing or circulation by applying pressure to the throat or neck. The law maintains aggravated assault as a Class 3 felony but reorganizes and updates the definitions of conduct that triggers this charge.