Assault, provisions relating to third offense revised.
ENTITLED, An Act revise and expand certain provisions relating to third offense assault.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That ' 22-18-1 be amended to read as follows:
22-18-1. Simple assault.Any person who:
(1) Attempts to cause bodily injury to another, other than a law enforcement officer engaged in the performance of
his official duties, and has the actual ability to cause the injury;
(2) Recklessly causes bodily injury to another;
(3) Negligently causes bodily injury to another with a dangerous weapon;
(4) Attempts by physical menace to put another in fear of imminent serious bodily harm, with or without the actual ability to seriously harm the other person; or
(5) Intentionally causes bodily injury to another which does not result in serious bodily injury;
is guilty of simple assault.
Simple assault is a Class 1 misdemeanor. However, if the defendant has been convicted of, or entered a plea of guilty to, two or more violations of
this section ' 22-18-1, 22-18-1.1, 22-18-26, or 22-18-29 within five years of committing the current offense, the defendant is guilty of a Class 6 felony for any third or subsequent offense.
Section 2. That chapter 22-18 be amended by adding thereto a NEW SECTION to read as follows:
Any conviction for, or plea of guilty to, an offense in another state which, if committed in this state, would constitute a violation of ' 22-18-1, 22-18-1.1, 22-18-26, or 22-18-29, and which occurs within five years prior to the date of the violation being charged, shall be used to determine if the violation to be charged is a third or subsequent offense pursuant to section 1 of this Act.
Signed March 17, 1999.