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State of South Dakota  
EIGHTY-NINTH SESSION
LEGISLATIVE ASSEMBLY, 2014  

655V0547   SENATE BILL   NO.  118  

Introduced by:    Senators Tieszen, Begalka, Bradford, Frerichs, Kirkeby, and Vehle and Representatives Feinstein, Erickson, Johns, and Stevens
 

        FOR AN ACT ENTITLED, An Act to revise certain criminal penalties for intentional damage to private property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 22-34-1 be amended to read as follows:
    22-34-1. Any person who, with specific intent to do so, injures, damages, or destroys:
            (1)    Public property without the lawful consent of the appropriate governing body having jurisdiction thereof; or
            (2)    Private property in which any other person has an interest, without the consent of the other person;
is guilty of intentional damage to property. If the damage to property Intentional damage to property is a Class 2 misdemeanor if the damage to property is four hundred dollars or less, the person is guilty of intentional damage to property in the third degree, which is a Class 2 misdemeanor. If the damage to property. Intentional damage to property is a Class 1 misdemeanor if the damage to property is one thousand dollars or less, but more than four hundred dollars, the person is guilty of intentional damage to property in the second degree,

which is a Class 1 misdemeanor. If the damage to property is. Intentional damage to property is a Class 6 felony if the damage to property is two thousand five hundred dollars or less, but more than one thousand dollars. Intentional damage to property is a Class 5 felony if the damage to property is five thousand dollars or less, but more than two thousand five hundred dollars. Intentional damage to property is a Class 4 felony if the damage to property is one hundred thousand dollars or less, but more than one five thousand dollars, the person is guilty of intentional damage to property in the first degree, which is a Class 4 felony. If the damage to property. Intentional damage to property is a Class 3 felony if the damage to property is five hundred thousand dollars or less, but more than one hundred thousand dollars. Intentional damage to property is aggravated intentional damage to property if the damage to property is more than one five hundred thousand dollars, the person is guilty of aggravated. Aggravated intentional damage to property, which is a Class 3 Class 2 felony.

    The provisions of this section do not apply if the intentional damage to property was accomplished by arson or reckless burning or exploding pursuant to chapter 22-33.