South Dakota

§ 22-19B-1. Actions constituting harassment — Penalties for violation

No person may maliciously and with the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry or national origin:

(1) Cause physical injury to another person; or

(2) Deface any real or personal property of another person; or

(3) Damage or destroy any real or personal property of another person; or

(4) Threaten, by word or act, to do the acts prohibited if there is reasonable cause to believe that any of the acts prohibited in subdivisions (1), (2) or (3) of this section will occur.

A violation of subdivision (1) is a Class 6 felony. A violation of subdivision (2) is a Class 1 misdemeanor. A violation of subdivision (3) is a Class 1 misdemeanor if the damage is less than two hundred dollars, and is a Class 6 felony if the damage is two hundred dollars but less than five hundred dollars, and is a Class 4 felony if the damage is five hundred dollars or greater. A violation of subdivision (4) is a Class 1 misdemeanor.