An Act to prohibit forms of caller identification manipulation and to impose a penalty therefor.

Be it enacted by the Legislature of the State of South Dakota:

Section 1. That § 49-31-31 be AMENDED:

49-31-31. It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes:

(1) To contact another person with intent to terrorize, intimidate, threaten, harass, or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act;

(2) To contact another person with intent to threaten to inflict physical harm or injury to any person or property;

(3) To contact another person with intent to extort money or other things of value;

(4) To contact another person with intent to disturb that person by repeated anonymous telephone calls or intentionally failing to replace the receiver or disengage the telephone connection.; or

(5) Except as allowed in section 2 of this Act, to contact or to attempt to contact another person and, in so doing, cause to be displayed as caller identification, a fictitious or misleading name or telephone number:

(a) To defraud, cause harm, or wrongfully obtain anything of value from another person; or

(b) Of another person who has not granted the person the right to display that other person's name or phone number, as applicable.

It is a Class 1 misdemeanor for a person to knowingly permit a telephone or other electronic communication device under his or her control to be used for a purpose prohibited by this section.

Section 2. That chapter 49-31 be amended with a NEW SECTION:

The provisions of subdivision 49-31-31(5) do not apply to:

(1) An authorized activity of a law enforcement agency;

(2) Any investigative, protective, or intelligence activity of a law enforcement agency of the United States, this state or its political subdivisions, or another state or its political subdivisions; or an intelligence agency of the United States;

(3) A protective services or domestic violence shelter or facility;

(4) A telecommunications company in:

(a) Blocking or restricting the name or phone number from being displayed by caller identification equipment or devices; or

(b) Displaying caller identification data sent to the company from the caller; or

(5) Any activity pursuant to a court order that specifically authorizes the use of caller identification manipulation.