ENTITLED An Act to clarify the prohibition on injuring or harassing a service animal.

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

Section 1. That § 40-1-38 be AMENDED:

40-1-38. No person may maliciously beat, injure, attempt to injure, harass, intimidate, entice, distract, or otherwise interfere with any service animal accompanying a person with a disability. A violation of this section is a Class 1 misdemeanor.

For purposes of this section, "service animal" means a dog that is trained to do work or perform tasks for the benefit of an individual with a disability, as set forth in 28 C.F.R. § 36.104 (January 1, 2026), provided the work or tasks performed by the dog are directly related to the individual's disability. The crime deterrent effects of a dog's presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks.

An Act to clarify the prohibition on injuring or harassing a service animal.