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Legal Information: South Dakota

Statutes: South Dakota

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Updated: 
October 1, 2020

22-19A-16. Violation of protection order -- Penalties.

If a temporary protection order or a protection order is granted pursuant to §§ 22-19A-8 to 22-19A-16, inclusive, and the respondent or person restrained knows of the order, violation of the order is a Class 1 misdemeanor. If the acts constituting a violation of this section also constitute an assault as defined pursuant to § 22-18-1, the violation under this section is a Class 6 felony. If a respondent or person restrained has been convicted of, or entered a plea of guilty to, two or more prior violations of this section, § 21-65-19, or § 25-10-13 within ten years of committing the current offense, and the factual basis for the current offense occurred after the date of the second conviction or guilty plea, the respondent or person restrained is guilty of a Class 6 felony for any third or subsequent offense. Any proceeding under §§ 22-19A-8 to 22-19A-16, inclusive, is in addition to other civil or criminal remedies.