{"data":{"id":"us-sd/sdcl-40-1-39","jurisdiction":"us-sd","citation":"SDCL § 40-1-39","heading":"Rebuttable presumption of maliciousness.","body":"In a prosecution for a violation of § 40-1-38, evidence that the defendant initiated or continued conduct as described in § 40-1-38 after being requested to discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal gives rise to a rebuttable presumption that the conduct was initiated or continued maliciously. A conviction and imposition of a sentence under §§ 40-1-38 to 40-1-40, inclusive, does not prevent a conviction and imposition of a sentence under any other applicable provision of law.","path":["TITLE 40. ANIMALS AND LIVESTOCK","CHAPTER 40-1. CRUELTY, ABUSE AND INJURY TO ANIMALS"],"source_url":"https://sdlegislature.gov/Statutes/40-1-39","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:57Z","sha256":"6dcebd3964fdc797ab15913f54ff53c85cba4c8680c0bdbb033e719d23c4a3b6","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-40-1-38","next":"us-sd/sdcl-40-1-40"},"notice":"GroundRules: Original legal text. Not legal advice."}