CHAPTER 22-11
OBSTRUCTION OF THE ADMINISTRATION OF GOVERNMENT
22-11-1 Resisting execution or service of process.
22-11-2 Obstructing officer in charge of personal property.
22-11-3 Obstructing certain public officers or employees--Misdemeanor.
22-11-3.1 22-11-3.1. Repealed by SL 2005, ch 120, § 193, eff. July 1, 2006.
22-11-4 Resisting arrest--Misdemeanor.
22-11-5 Unlawful arrest no defense if officer acting under color of authority with reasonable force--Color of authority for law enforcement officer, firefighter, or emergency medical technician.
22-11-6 Obstructing law enforcement officer, firefighter, or emergency management personnel--Misdemeanor.
22-11-6.1 22-11-6.1. Repealed by SL 2005, ch 120, § 197, eff. July 1, 2006.
22-11-7 Illegality of officer, firefighter, or emergency medical technician acts no defense if under color of authority.
22-11-8 22-11-8. Transferred to § 22-40-16 by SL 2005, ch 120, § 200, eff. July 1, 2006.
22-11-9 False reporting to authorities--Misdemeanor.
22-11-9.1 False fire alarm causing serious bodily injury or death--Felony.
22-11-9.2 Falsely reporting a threat--Felony--Restitution--Minor to perform public service.
22-11-10 Compounding a felony or misdemeanor.
22-11-11 Acceptance of restitution as defense.
22-11-12 Misprision of felony--Misdemeanor.
22-11-13 22-11-13. Repealed by SL 1977, ch 189, § 126
22-11-14 Judicial officer defined.
22-11-15 Threatening or intimidating judicial or ministerial officers or others.
22-11-15.1 22-11-15.1. Transferred to § 22-11-15.5 by SL 2005, ch 120, § 208, eff. July 1, 2006.
22-11-15.2 Repealed.
22-11-15.3 Threatening juror or juror's family--Violation as felony.
22-11-15.4 22-11-15.4. Transferred to § 22-11-15.6 by SL 2005, ch 120, § 208, eff. July 1, 2006.
22-11-15.5 Threatening law enforcement officer or family--Violation as felony--Provisions superseded.
22-11-15.6 Threatening law enforcement officer or family--Violation as misdemeanor--Provisions superseded.
22-11-15.7 Threatening person holding statewide office or judicial officer--Penalty--Provisions superseded.
22-11-15.8 Threatening elected officer--Penalty--Provisions superseded.
22-11-16 22-11-16. Transferred to § 22-12A-12 by SL 2005, ch 120, § 217, eff. July 1, 2006.
22-11-17 22-11-17. Repealed by SL 2005, ch 120, § 212, eff. July 1, 2006.
22-11-18 22-11-18. Transferred to § 22-12A-13 by SL 2005, ch 120, § 217, eff. July 1, 2006.
22-11-19 Tampering with a witness--Felony.
22-11-19.1 22-11-19.1. Repealed by SL 2005, ch 120, § 214, eff. July 1, 2006.
22-11-20 22-11-20 to 22-11-22. Transferred to §§ 22-12A-14 to 22-12A-16 by SL 2005, ch 120, § 217, eff. July 1, 2006.
22-11-23 Falsification of public records--Misdemeanor.
22-11-23.1 22-11-23.1. Transferred to § 22-11-28.1 by SL 2005, ch 120, § 226, eff. July 1, 2006.
22-11-23.2 Authorization of debtor required for filing of financing statement--Violation as misdemeanor.
22-11-24 Destruction or impairment of public record--Felony.
22-11-25 Unlawful retention of public record--Misdemeanor.
22-11-26 Forfeiture of public officer's office for record violations--Discharge of public employee--Refusal to discharge employee--Misdemeanor.
22-11-27 22-11-27. Transferred to § 22-30A-39 by SL 2005, ch 120, § 224, eff. July 1, 2006.
22-11-28 Counterfeit lien as a misdemeanor--Second offense a felony.
22-11-28.1 Offering false or forged instrument for filing, registering, or recording--Felony.
22-11-29 Offers defined--Counterfeit lien defined.
22-11-30 22-11-30. Transferred to § 20-9-33 by SL 2005, ch 120, § 232, eff. July 1, 2006.
22-11-31 Harassment by threat of fraudulent legal proceedings or liens prohibited--Misdemeanor--Subsequent violation felony.
22-11-32 Harass defined--Course of conduct defined.
22-11-33 22-11-33. Transferred to § 20-9-34 by SL 2005, ch 120, § 232, eff. July 1, 2006.
22-11-34 22-11-34. Transferred to § 22-40-17 by SL 2005, ch 120, § 231, eff. July 1, 2006.
22-11-35 22-11-35. Transferred to § 20-9-35 by SL 2005, ch 120, § 232, eff. July 1, 2006.
22-11-36 Killing, injury, or interference with a law enforcement support animal prohibited--Felony or misdemeanor.
22-11-37 Failure to notify law enforcement that child is missing--Misdemeanor.
22-11-38 Failure to notify law enforcement of death of child--Felony.
22-11-39 Disarming law enforcement officer--Felony.
22-11-1. Resisting execution or service of process.
Any person who resists the execution or service of any legal process is guilty of a Class 2 misdemeanor.
Source: SDC 1939, § 13.1408; SL 1976, ch 158, § 11-1; SL 1977, ch 189, § 24.
22-11-2. Obstructing officer in charge of personal property.
Any person who intentionally injures or destroys, takes or attempts to take, or assists any other person in taking or attempting to take, from the custody of any law enforcement officer or other person, any personal property, which such officer or person has in charge under any process of law, is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 13.1224; SL 1976, ch 158, § 11-4; SL 2005, ch 120, § 191.
22-11-3. Obstructing certain public officers or employees--Misdemeanor.
Any person who intentionally obstructs or attempts to obstruct a public officer or employee, not a law enforcement officer, firefighter, or emergency medical technician in the performance of any official duty, or who resists a public officer in performance of that duty, is guilty of a Class 2 misdemeanor.
Source: SDC 1939, §§ 13.1106, 13.1302; SDCL, §§ 3-15-2, 3-15-3; SL 1976, ch 158, § 11-22; SL 2005, ch 120, § 192.
22-11-4. Resisting arrest--Misdemeanor.
Any person who intentionally prevents or attempts to prevent a law enforcement officer, acting under color of authority, from effecting an arrest of the actor or another, by:
(1) Using or threatening to use physical force or violence against the law enforcement officer or any other person; or
(2) Using any other means which creates a substantial risk of causing physical injury to the law enforcement officer or any other person;
is guilty of resisting arrest. Resisting arrest is a Class 1 misdemeanor.
Source: SL 1976, ch 158, § 11-2; SL 2005, ch 120, § 194.
22-11-5. Unlawful arrest no defense if officer acting under color of authority with reasonable force--Color of authority for law enforcement officer, firefighter, or emergency medical technician.
It is no defense to a prosecution under § 22-11-4 that the law enforcement officer was attempting to make an arrest which in fact was unlawful, if the law enforcement officer was acting under color of authority and, in attempting to make the arrest, the law enforcement officer was not resorting to unreasonable or excessive force giving rise to the right of self-defense. A law enforcement officer, firefighter, or emergency medical technician acts under color of authority if, in the regular course of assigned duties, he or she is called upon to make, and does make, a judgment in good faith based upon surrounding facts and circumstances.
Source: SL 1976, ch 158, § 11-2; SL 2005, ch 120, § 195.
22-11-6. Obstructing law enforcement officer, firefighter, or emergency management personnel--Misdemeanor.
Except as provided in §§ 22-11-4 and 22-11-5, any person who, by using or threatening to use violence, force, or physical interference or obstacle, intentionally obstructs, impairs, or hinders the enforcement of the criminal laws or the preservation of the peace by a law enforcement officer or jailer acting under color of authority, or intentionally obstructs, impairs, or hinders the prevention, control, or abatement of fire by a firefighter acting under color of authority, or intentionally obstructs emergency management personnel acting under color of authority, is guilty of obstructing a law enforcement officer, firefighter, or emergency medical technician. Obstructing a law enforcement officer, jailer, firefighter, or emergency medical technician is a Class 1 misdemeanor.
Source: SL 1976, ch 158, § 11-3; SL 2005, ch 120, § 196.
22-11-7. Illegality of officer, firefighter, or emergency medical technician acts no defense if under color of authority.
It is no defense to a prosecution under § 22-11-6 that the law enforcement officer, firefighter, or emergency medical technician was acting in an illegal manner, if the law enforcement officer, firefighter, or emergency medical technician was acting under the color of authority as defined in § 22-11-5.
Source: SL 1976, ch 158, § 11-3; SL 2005, ch 120, § 198.
22-11-9. False reporting to authorities--Misdemeanor.
Any person who:
(1) Except as provided in § 22-11-9.2, knowingly causes a false fire or other emergency alarm to be transmitted to, or within, any fire department, ambulance service, or other government agency which deals with emergencies involving danger to life or property;
(2) Makes a report or intentionally causes the transmission of a report to law enforcement authorities of a crime or other incident within their official concern, knowing that it did not occur; or
(3) Makes a report or intentionally causes the transmission of a report to law enforcement authorities which furnishes information relating to an offense or other incident within their official concern, knowing that such information is false;
is guilty of false reporting to authorities. False reporting to authorities is a Class 1 misdemeanor.
Source: SL 1975, ch 171, §§ 1, 2; SDCL Supp, § 22-13-16; SL 1976, ch 158, § 11-23; SL 2005, ch 120, § 201.
22-11-9.1. False fire alarm causing serious bodily injury or death--Felony.
Any person who intentionally gives any false alarm of fire, by any means, is guilty of a Class 5 felony, if, as a result, any other person dies or sustains serious bodily injury.
Source: SL 1973, ch 150, § 2; SDCL Supp, § 34-35A-2; SL 1977, ch 190, § 96; SL 2005, ch 120, § 202.
22-11-9.2. Falsely reporting a threat--Felony--Restitution--Minor to perform public service.
Any person who makes a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, explosive, destructive device, dangerous chemical, biological agent, poison or harmful radioactive substance, is guilty of falsely reporting a threat. Falsely reporting a threat is a Class 6 felony. Any person found guilty of falsely reporting a threat shall pay restitution for any expense incurred as a result of the crime. If the person making the false report prohibited by this section is a minor, the court, in addition to such other disposition as the court may impose, shall require the minor to perform at least fifty hours of public service unless tried as an adult.
Source: SL 1970, ch 142; SL 1972, ch 140, § 18; SDCL Supp, § 22-34-26; SL 1976, ch 158, § 14A-9; SL 1989, ch 193; SL 1997, ch 128, § 1; SL 2002, ch 105, § 4; SDCL, § 22-14A-22; SL 2005, ch 120, §§ 278, 279.
22-11-10. Compounding a felony or misdemeanor.
Any person who accepts, or offers or agrees to accept, any pecuniary benefit as consideration for:
(1) Refraining from seeking prosecution of an offender; or
(2) Refraining from reporting to law enforcement authorities the commission or suspected commission of any crime or any information relating to a crime;
is guilty of compounding. Compounding a felony is a Class 6 felony. Compounding a misdemeanor is a Class 1 misdemeanor.
Source: SDC 1939, §§ 13.0304, 13.0305; SDCL, §§ 22-3-6, 22-3-7; SL 1976, ch 158, § 11-5; SL 2005, ch 120, § 203.
22-11-11. Acceptance of restitution as defense.
It is an affirmative defense to prosecution pursuant to § 22-11-10 that the benefit received by the defendant did not exceed an amount which the defendant reasonably believed to be due as restitution or indemnification for harm caused by the crime.
Source: SL 1976, ch 158, § 11-5; SL 2005, ch 120, § 204.
22-11-12. Misprision of felony--Misdemeanor.
Any person who, having knowledge, which is not privileged, of the commission of a felony, conceals the felony, or does not immediately disclose the felony, including the name of the perpetrator, if known, and all of the other relevant known facts, to the proper authorities, is guilty of misprision of a felony. Misprision of a felony is a Class 1 misdemeanor. There is no misprision of misdemeanors, petty offenses, or any violation of § 22-42-5.1.
Source: SL 1976, ch 158, § 11-6; SL 2005, ch 120, § 205; SL 2013, ch 101, § 59.
22-11-14. Judicial officer defined.
As used in this chapter, the term, judicial officer, includes any referee, arbitrator, judge, hearing officer, or any other person authorized by law to hear or determine a controversy.
Source: SL 1976, ch 158, § 11-9.
22-11-15. Threatening or intimidating judicial or ministerial officers or others.
Any person who, directly or indirectly, utters or addresses any threat or intimidation to any judicial or ministerial officer, juror, member of the Board of Pardons and Paroles, or other person authorized by law to hear or determine any controversy, or any court services officer, with intent to induce the person either to do any act not authorized by law, or to omit or delay the performance of any duty imposed upon the person by law, or for having performed any duty imposed upon the person by law, is guilty of a Class 5 felony.
Source: SDC 1939, § 13.1206; SDCL § 16-15-9; SL 1976, ch 158, § 11-10; SL 1977, ch 189, § 25; SL 2003, ch 123, § 1; SL 2011, ch 114, § 2.
22-11-15.3. Threatening juror or juror's family--Violation as felony.
Any person who, directly or indirectly, threatens or intimidates any person who has served as a juror, or any member of such person's immediate family, because of such person's jury service, is guilty of a Class 5 felony.
Source: SL 1991, ch 188.
22-11-15.5. Threatening law enforcement officer or family--Violation as felony--Provisions superseded.
Any person who, knowingly and intentionally, deposits for conveyance in the mail or for a delivery from any post office or by any messenger, any letter, paper, writing, print, or document containing any threat to take the life of or to inflict serious bodily harm upon a law enforcement officer of the state or a member of the officer's immediate family is guilty of a Class 5 felony. However, if any such threat is made which otherwise would constitute a violation of § 22-11-4 or 22-18-1.1, the provisions of such sections supersede the provisions of this section, and the penalties provided in § 22-11-4 or 22-18-1.1 apply.
Source: SL 1985, ch 174; SL 2004, ch 149, § 1; SDCL, § 22-11-15.1; SL 2005, ch 120, §§ 207, 208.
22-11-15.6. Threatening law enforcement officer or family--Violation as misdemeanor--Provisions superseded.
Any person who, knowingly and intentionally, communicates any threat not subject to § 22-11-15.5 to take the life of or to inflict serious bodily harm upon a law enforcement officer of the state or a member of the officer's immediate family, is guilty of a Class 1 misdemeanor. However, if any such threat is made which otherwise would constitute a violation of § 22-11-4 or 22-18-1.1, the provisions of such sections supersede the provisions of this section, and the penalties provided in § 22-11-4 or 22-18-1.1 apply.
Source: SL 2004, ch 149, § 2; SDCL, § 22-11-15.4; SL 2005, ch 120, §§ 208, 210.
22-11-15.7. Threatening person holding statewide office or judicial officer--Penalty--Provisions superseded.
It is a Class 5 felony for a person to knowingly and intentionally communicate any written or electronic threat to take the life of or to inflict serious bodily harm upon:
(1) Any current or former judicial officer as defined in § 22-11-14;
(2) Any current or former person holding statewide office as defined in § 12-27-1; or
(3) The immediate family of any current or former judicial officer or person holding statewide office.
If a threat constitutes a violation of § 22-18-1.1 the provisions of this section are superseded and the penalties provided in § 22-18-1.1 apply.
Source: SL 2024, ch 82, § 1.
22-11-15.8. Threatening elected officer--Penalty--Provisions superseded.
It is a Class 1 misdemeanor for a person to knowingly and intentionally communicate any written or electronic threat to take the life of or to inflict serious bodily harm upon an elected officer, or the immediate family of an elected officer. The threat must relate to the elected officer's official capacity.
For the purposes of this section, the term "elected officer" means:
(1) Any current or former member of the Legislature;
(2) Any current or former person in local government elective office;
(3) Any current or former school board member; and
(4) Any person who has been elected or appointed to the elective office who has not yet assumed office.
If a threat constitutes a violation of § 22-18-1.1 the provisions of this section are superseded and the penalties provided in § 22-18-1.1 apply.
Source: SL 2024, ch 82, § 2.
22-11-19. Tampering with a witness--Felony.
Any person who injures or threatens to injure any person or property; who offers, confers, or agrees to confer any benefit on a witness or prospective witness in an official proceeding; or who corruptly persuades or corruptly influences another person to induce the witness to:
(1) Testify falsely;
(2) Withhold any testimony, information, document, or thing;
(3) Elude legal process summoning the witness to testify or supply evidence; or
(4) Absent himself or herself from an official proceeding to which the witness has been legally summoned;
is guilty of tampering with a witness. Any person who injures, or threatens to injure, any person or property in retaliation for that person testifying in an official proceeding, or for cooperating with law enforcement, government officials, investigators, or prosecutors, is guilty of tampering with a witness. Tampering with a witness is a Class 4 felony.
For the purposes of this section, the term, corruptly, means wrongful or immoral and done with an intent to impede the administration of justice.
Source: SDC 1939, § 13.1246; SDCL, § 19-5-15; SL 1976, ch 158, §§ 11-14; SL 1978, ch 158, § 6; SL 1986, ch 179; SL 2004, ch 148, § 1; SL 2005, ch 120, § 213; SL 2023, ch 68, § 1.
22-11-23. Falsification of public records--Misdemeanor.
Any person who knowingly makes a false entry in any public record, or falsely alters any public record is guilty of a Class 2 misdemeanor. However, if the false entry or alteration is committed by a public officer or employee having custody of the record, the offense is a Class 1 misdemeanor.
Source: SDC 1939, § 13.1306; SDCL § 4-3-19 (3); SL 1976, ch 158, § 11-18; SL 2005, ch 120, § 218.
22-11-23.2. Authorization of debtor required for filing of financing statement--Violation as misdemeanor.
No person may file a financing statement with the secretary of state knowing that the debtor did not authorize the filing of that financing statement. A violation of this section is a Class 1 misdemeanor.
Source: SL 2002, ch 104, § 1.
22-11-24. Destruction or impairment of public record--Felony.
Any person who, without the authority to do so, knowingly and intentionally destroys, mutilates, conceals, removes, or impairs the availability of any public record is guilty of a Class 6 felony. However, if the provisions of this section are violated by a public officer or employee having custody of the record, the offense is a Class 5 felony.
Source: SDC 1939, § 13.1306; SDCL § 4-3-19 (4); SL 1976, ch 158, § 11-19; SL 2005, ch 120, § 220.
22-11-25. Unlawful retention of public record--Misdemeanor.
Any person who, lacking the authority to retain a public record in his or her possession, knowingly refuses to deliver it up upon proper request of any person lawfully entitled to receive such record, is guilty of a Class 2 misdemeanor. However, if the knowing refusal to deliver is committed by a public officer or employee having custody of the record, the offense is a Class 1 misdemeanor.
Source: SL 1976, ch 158, § 11-20; SL 2005, ch 120, § 221.
22-11-26. Forfeiture of public officer's office for record violations--Discharge of public employee--Refusal to discharge employee--Misdemeanor.
Any public officer found guilty of violating §§ 22-11-23 to 22-11-25, inclusive, shall forfeit the office unless the office is subject to impeachment.
Any public employee found guilty of violating any provision of §§ 22-11-23 to 22-11-25, inclusive, shall be discharged. Any public officer having authority to discharge a public employee, who refuses to comply with this section, is guilty of a Class 2 misdemeanor.
Source: SL 1976, ch 158, § 11-21; SL 2005, ch 120, § 222.
22-11-28. Counterfeit lien as a misdemeanor--Second offense a felony.
Any person who offers a counterfeit lien for filing, registering, or recording in a public office knowing or having reason to know that the lien is counterfeit is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation of this section is a Class 6 felony. Lack of belief in the jurisdiction or authority of the state or of the United States is no defense to a prosecution under this section.
Source: SL 1997, ch 45, § 7; SL 2005, ch 120, § 225.
22-11-28.1. Offering false or forged instrument for filing, registering, or recording--Felony.
Any person who offers any false or forged instrument, knowing that the instrument is false or forged, for filing, registering, or recording in a public office, which instrument, if genuine, could be filed, registered, or recorded under any law of this state or of the United States, is guilty of a Class 6 felony.
Source: SDC 1939, § 13.1245; SDCL, § 22-39-31; SL 1976, ch 158, § 39-5; SDCL Supp, § 22-39-39; SL 1978, ch 158, § 7; SDCL, § 22-11-23.1; SL 2005, ch 120, §§ 219, 226.
22-11-29. Offers defined--Counterfeit lien defined.
For purposes of § 22-11-28, the term, offers, includes the mailing of the instrument to a public office with the knowledge or belief that the instrument will be filed with, registered, or recorded in, or otherwise become a part of, the records of the public office.
For purposes of § 22-11-28, the term, counterfeit lien, means a lien that:
(1) Is not provided for by a specific state or federal statute;
(2) Does not depend upon the consent of the owner of the property affected for its existence; and
(3) Is not an equitable or constructive lien imposed by a court recognized under the U.S. Constitution, federal laws, or the constitution or laws of this state.
Source: SL 1997, ch 45, § 8; SL 2005, ch 120, § 227.
22-11-31. Harassment by threat of fraudulent legal proceedings or liens prohibited--Misdemeanor--Subsequent violation felony.
Any person who harasses any other person by sending or delivering, or causing to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or other notice or demand that simulates any form of court or legal process and that threatens the other person, directly or indirectly, with incarceration, monetary fines, or penalties, or with the imposition of a counterfeit lien on the real or personal property of the other person is guilty of a Class 1 misdemeanor. A second or subsequent conviction for a violation of this section is a Class 6 felony. Lack of belief in the jurisdiction or authority of the state or of the United States is no defense to a prosecution under this section.
Source: SL 1997, ch 45, § 10; SL 2005, ch 120, § 228.
22-11-32. Harass defined--Course of conduct defined.
For purposes of § 22-11-31, the term, harasses, means a knowing and willful course of conduct directed at any person which seriously alarms or annoys the person and which serves no legitimate legal purpose.
For purposes of § 22-11-31, the term, course of conduct, means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose.
Source: SL 1997, ch 45, § 11; SL 2005, ch 120, § 229.
22-11-36. Killing, injury, or interference with a law enforcement support animal prohibited--Felony or misdemeanor.
If any person intentionally and unjustifiably kills a law enforcement animal, the person is guilty of a Class 6 felony. If any person intentionally and unjustifiably causes physical injury to, torments, strikes, disables, or tampers with a law enforcement support animal, the person is guilty of Class 1 misdemeanor. If any person harasses, taunts, or provokes a law enforcement support animal; interferes with a law enforcement support animal while the animal is working; or interferes with the individual handling the animal, the person is guilty of Class 2 misdemeanor. For purposes of this section, the term, law enforcement support animal, means any animal that is on duty which is being used by or on behalf of a law enforcement officer in the performance of the officer's functions and duties.
This section does not apply to a law enforcement officer or a veterinarian who terminates the life of a law enforcement support animal to relieve the animal of undue suffering and pain.
Source: SL 2010, ch 113, § 1.
22-11-37. Failure to notify law enforcement that child is missing--Misdemeanor.
Any parent, legal guardian, or caretaker who knowingly fails to notify law enforcement within forty-eight hours of learning that a child, in his or her care and less than thirteen years of age, is missing is guilty of a Class 1 misdemeanor.
Source: SL 2012, ch 120, § 1.
22-11-38. Failure to notify law enforcement of death of child--Felony.
Any parent, legal guardian, or caretaker who knowingly fails to notify law enforcement within six hours of learning of the death of a minor child in his or her care is guilty of a Class 5 felony. This section does not apply to any health care provider or to any facility licensed pursuant to chapter 34-12.
Source: SL 2012, ch 120, § 2.
22-11-39. Disarming law enforcement officer--Felony.
Any person who, through use of force or threat of force, intentionally disarms or attempts to disarm a law enforcement officer, while the officer is engaged in the performance of the officer's duties, without the officer's consent, is guilty of a Class 4 felony.
For the purposes of this section, the term "weapon" means any firearm, stun gun, self-defense electronic control device, chemical irritant spray, or baton. The term "disarm" means to take or remove a weapon from the person of the officer or the officer's immediate presence through the physical act of grabbing, holding, seizing, pushing, lifting, picking up, or other similar action.
Source: SL 2024, ch 83, § 1.
