South Dakota Stalking Penalties (2026)

Stalking and criminal harassment charges charges in South Dakota: penalties, sentencing ranges, felony thresholds, and what to expect if charged.

Educational purposes only. Not legal advice. If you are facing stalking charges in South Dakota, consult a licensed South Dakota criminal defense attorney.

South Dakota Stalking Penalties

OffensePenalty
First OffenseClass 1 misdemeanor: up to 1 year
Second OffenseClass 6 felony (repeat): up to 2 years

SDCL §22-19A-1

Stalking Statute of Limitations in South Dakota

In South Dakota, the statute of limitations for stalking is generally 7 years for assault-type offenses. Murder and certain violent crimes have no statute of limitations in South Dakota.

See all South Dakota statutes of limitations →

Defending Against Stalking Charges in South Dakota

Common defenses in South Dakota stalking cases include:

  • Lack of intent — many charges require proving criminal intent
  • Insufficient evidence — the prosecution must prove guilt beyond a reasonable doubt
  • Procedural violations — improper arrest, unlawful search and seizure
  • Mistaken identity
  • Constitutional violations — Fourth and Fifth Amendment protections

The specific defenses available depend on the facts of the case. Consult a South Dakota criminal defense attorney for advice.

Related South Dakota Laws

DUI / DWI Marijuana Possession Theft / Larceny Assault Domestic Violence Drug Possession Burglary Robbery Fraud Trespassing Disorderly Conduct Vandalism Hit and Run Illegal Weapons Possession Drug Trafficking Prostitution Shoplifting Reckless Driving Forgery Kidnapping Arson Embezzlement Money Laundering Public Intoxication