22-18-1. Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states.

A person is guilty of simple assault, a Class 1 misdemeanor, if the person:

(1)    Attempts to cause bodily injury to another and has the actual ability to cause the injury;

(2)    Recklessly causes bodily injury to another;

(3)    Negligently causes bodily injury to another with a dangerous weapon;

(4)    Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or

(5)    Intentionally causes bodily injury to another which does not result in serious bodily injury.

If the defendant has been convicted of, or entered a plea of guilty to, two or more violations of simple assault under this section, simple assault or aggravated assault under § 22-18-1.05, aggravated assault under § 22-18-1.1, assault under § 22-18-26, intentional contact with bodily fluids under § 22-18-26.1, or assault under § 22-18-29, within ten years of committing the current offense, the defendant is guilty of a Class 6 felony for any third offense, a Class 5 felony for a fourth offense, and a Class 4 felony for a fifth or subsequent offense.

Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would be a violation of a crime described in this section and occurring within ten years prior to the date of the violation being charged, shall be used to determine if the violation being charged is a subsequent offense.

Source: SDC 1939, §§ 13.2401, 13.2403; SDCL § 22-18-8; SL 1973, ch 147; SL 1976, ch 158, § 18-1; SL 1980, ch 173, § 2; SL 1981, ch 174; SL 1998, ch 132, § 1; SL 1999, ch 117, § 1; SL 2005, ch 120, § 1; SL 2011, ch 115, § 1; SL 2019, ch 108, § 1; SL 2021, ch 92, § 1.



SDLRC - Codified Law 22-18-1 - Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states.

22-18-1.05. Simple or aggravated assault against law enforcement officer, firefighter, ambulance personnel, Department of Corrections employee or contractor, health care personnel, or other public officer.

Simple assault, as provided in § 22-18-1, if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occurred while the officer or employee was engaged in the performance of the officer's or employee's duties, is a Class 6 felony.

Aggravated assault, as provided in § 22-18-1.1, if committed against a law enforcement officer, firefighter, ambulance service personnel, Department of Corrections employee or person under contract assigned to the Department of Corrections, or other public officer, which assault occurred while the officer or employee was engaged in the performance of the officer's or employee's duties, is a Class 2 felony.

The penalties in this section also apply to a simple assault or aggravated assault if committed against any health care facility personnel while the personnel was engaging in patient care.

Source: SL 2005, ch 120, § 3; SL 2018, ch 130, § 1.



SDLRC - Codified Law 22-18-1 - Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states.

22-18-1.1. Aggravated assault--Felony.

Any person who:

(1)    Attempts to cause serious bodily injury to another, or causes such injury, under circumstances manifesting extreme indifference to the value of human life;

(2)    Attempts to cause, or knowingly causes, bodily injury to another with a dangerous weapon;

(3)    Deleted by SL 2005, ch 120, § 2;

(4)    Assaults another with intent to commit bodily injury which results in serious bodily injury;

(5)    Attempts by physical menace with a deadly weapon to put another in fear of imminent serious bodily harm; or

(6)    Deleted by SL 2005, ch 120, § 2;

(7)    Deleted by SL 2012, ch 123, § 4;

(8)    Attempts to induce a fear of death or imminent serious bodily harm by impeding the normal breathing or circulation of the blood of another person by applying pressure on the throat or neck, or by blocking the nose and mouth;

is guilty of aggravated assault. Aggravated assault is a Class 3 felony.

Source: SDC 1939, §§ 13.1601, 13.2101, 13.2202, 13.2302, 13.2404; SL 1941, ch 46; SDCL §§ 22-18-9 to 22-18-11, 22-18-15, 22-18-21; SL 1976, ch 158, § 18-2; SL 1977, ch 189, §§ 46, 47; SL 1980, ch 173, § 3; SL 1981, ch 13, § 5; SL 1986, ch 180; SL 1997, ch 130, § 4; SL 2002, ch 106, § 1; SL 2005, ch 120, § 2; SL 2012, ch 122, § 1; SL 2012, ch 123, § 4.



SDLRC - Codified Law 22-18-1 - Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states.

22-18-1.2. Criminal battery of an unborn child--Misdemeanor.

Any person who assaults a pregnant woman and inflicts bodily injury on an unborn child who is subsequently born alive is guilty of criminal battery of an unborn child. Criminal battery of an unborn child is a Class 1 misdemeanor. For the purposes of this section, the term, bodily injury, does not include the inducement of the unborn child's birth if done for bona fide medical purposes.

Source: SL 1995, ch 122, § 7; SL 2005, ch 120, § 4; SL 2012, ch 123, § 2.



SDLRC - Codified Law 22-18-1 - Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states.

22-18-1.3. Aggravated criminal battery of an unborn child--Felony.

Any person who assaults a pregnant woman and inflicts serious bodily injury on an unborn child who is subsequently born alive is guilty of aggravated criminal battery of an unborn child. Aggravated criminal battery of an unborn child is a Class 3 felony.

Source: SL 1995, ch 122, § 6; SL 2005, ch 120, § 5; SL 2012, ch 123, § 3.



SDLRC - Codified Law 22-18-1 - Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states.

22-18-1.4. Aggravated battery of an infant--Felony.

Any person who intentionally or recklessly causes serious bodily injury to an infant, less than three years old, by causing any intracranial or intraocular bleeding, or swelling of or damage to the brain, whether caused by blows, shaking, or causing the infant's head to impact with an object or surface is guilty of aggravated battery of an infant. Aggravated battery of an infant is a Class 2 felony. A second or subsequent violation of this section is a Class 1 felony.

Source: SL 2012, ch 123, § 1.



SDLRC - Codified Law 22-18-1 - Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states.

22-18-1.5. Assaults with intent to cause serious permanent disfigurement--Felony.

Any person, who assaults another with the intent to cause serious permanent disfigurement and causes serious permanent disfigurement, is guilty of a Class 2 felony.

Assault with intent to cause serious permanent disfigurement as set forth in this section may be charged in the alternative as aggravated assault, as set forth in § 22-18-1.1.

Source: SL 2017, ch 96, § 1.