{"data":{"id":"us-sd/sdcl-22-18-1","jurisdiction":"us-sd","citation":"SDCL § 22-18-1","heading":"Simple assault--Violation as misdemeanor--Third or subsequent offense a felony--Violation in other states.","body":"A person is guilty of simple assault, a Class 1 misdemeanor, if the person:\n(1) Attempts to cause bodily injury to another and has the actual ability to cause the injury;\n(2) Recklessly causes bodily injury to another;\n(3) Negligently causes bodily injury to another with a dangerous weapon;\n(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\n(5) Intentionally causes bodily injury to another which does not result in serious bodily injury.\nIf 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.\nAny 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.","path":["TITLE 22. CRIMES","CHAPTER 22-18. ASSAULTS AND PERSONAL INJURIES"],"source_url":"https://sdlegislature.gov/Statutes/22-18-1","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"763400bd8536b5967b970eddd07dc004511467c2aef401b1d83919aae9709625","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-22-17-14","next":"us-sd/sdcl-22-18-1.05"},"notice":"GroundRules: Original legal text. Not legal advice."}