Violence in the Workplace Law Summaries

Violence in the Workplace Law Summaries

South Dakota, Violence in the Workplace Law Summaries

South Dakota has laws relating to stalking, carrying concealed weapons and use of deadly force.

DEFINITIONS

“Harasses” means a knowing and willful course of conduct directed at a specific person that seriously alarms, annoys or harasses the person and that serves no legitimate purpose.

“Course of conduct” means a pattern of conduct composed of a series of acts over a period of time, however short, evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of course of conduct.

A “credible threat” means a threat made with the intent and the apparent ability to carry out the threat. A credible threat need not be expressed verbally.

WHAT THE EMPLOYER MUST DO

Stalking laws.- Any person (SD CodifiedLaws, Sec. 22-19A-1, as amended by Ch. 112 (H. 1241), L. 2001):

1. who willfully, maliciously and repeatedly follows or harasses another person; or

2. who makes a credible threat to another person with the intent to place that person in reasonable fear of death or great bodily injury; or

3. who willfully, maliciously, and repeatedly harasses another person by means of any verbal, electronic, mechanical, telegraphic, or written communication;

is guilty of the crime of stalking.

Carrying concealed weapons.- A temporary permit to carry a concealed pistol shall be issued within five days of application to a person if the applicant: (1) Is eighteen years of age or older; (2) Has never pled guilty to, nolo contendere to, or been convicted of a felony or a crime of violence; (3) Is not habitually in an intoxicated or drugged condition; (4) Has no history of violence; (5) Has not been found in the previous ten years to be a "danger to others" or a "danger to self" as defined in § 27A-1-1 or is not currently adjudged mentally incompetent; (6) Has been a resident of the county or municipality where the application is being made for at least thirty days; (7) Has had no violations constituting a felony or misdemeanor in the five years preceding the date of application or is not currently charged under indictment or information for such an offense; (8) Is a citizen of the United States; and (9) Is not a fugitive from justice. In addition, any person who is active military with a home or record in South Dakota is considered to have met the provisions of subdivision (6) (SD CodifiedLaws, Sec. 23-7-7.1, as amended by S.B. 33, and enacted).

The form of the permit to carry a concealed pistol shall be prescribed by the secretary of state pursuant to Section 23-7-8. The permit shall list the applicant's name, address, and the expiration date of the permit. The holder of a permit may carry a concealed pistol anywhere in South Dakota except in any licensed on-sale malt beverage or alcoholic beverage establishment that derives over one-half of its total income from the sale of malt or alcoholic beverages. Nothing in this section prevents law enforcement officers, parole agents, security guards employed on the premises, and other public officials with the written permission of the sheriff from carrying concealed weapons in the performance of their duties or prevents home or business owners from carrying concealed weapons on their property pursuant to Section 22-14-11 (SD CodifiedLaws, Sec. 23-7-8.1, as amended by S. B. 108, and enacted March 12, 2009). A permit is not necessary for a home or business owner to carry a concealed weapon on his or her property (SD CodifiedLaws, Sec. 22-14-11).

Use of deadly force.- Any person may lawfully resist, by force or violence, the commission of any public offense as follows (SD CodifiedLaws, Sec. 22-5-9, as amended by H. 1134, L. 2006, enacted February 16, 2006):

1. Any person, upon reasonable apprehension of threat of bodily injury, may make sufficient resistance to prevent an offense against his or her person or the person of any family or household member, or to prevent an illegal attempt by force to take or injure property in his or her lawful possession; and

2. Any person may make sufficient resistance in aid or defense of any other person, threatened with bodily injury, to prevent such offense.

Any person is justified in the use of force or violence against another person when the person reasonably believes that such conduct is necessary to prevent or terminate the other person's trespass on or other criminal interference with real property or personal property lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal right to protect. However, the person is justified in the use of deadly force only as provided in Secs. 22-16-34 and 22-16-35. A person does not have a duty to retreat if the person is in a place where he or she has a right to be (SD CodifiedLaws, Sec. 22-18-4, as amended by H. 1134, L. 2006, enacted February 16, 2006).

Penalty regarding concealed weapons.- Any person, other than a law enforcement officer or parole agent acting under color of authority, who: (1) Carries a pistol or revolver, loaded or unloaded, concealed on or about his or her person without a permit as provided in chapter 23-7; or (2) Carries a pistol or revolver, loaded or unloaded, concealed in any vehicle while operating the vehicle, without a permit as provided in chapter 23-7; is guilty of a Class 1 misdemeanor (SD CodifiedLaws, Sec. 22-14-9, as amended by H. 1134, L. 2006, enacted February 16, 2006).

<p>Penalty regarding concealed weapons.— Any person, other than a law enforcement officer or parole agent acting under color of authority, who: (1) Carries a pist</p>

South Dakota, Violence in the Workplace Law Summaries

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