South Dakota § 37-35A-7 - Civil action--Injunction--Damages--Attorney’s fees.
Full text of South Dakota South Dakota Codified Laws § 37-35A-7 — Civil action--Injunction--Damages--Attorney’s fees., with citation guidance and answers to common questions.
§ 37-35A-7. Civil action--Injunction--Damages--Attorney’s fees.
If an individual or entity, public or private, is found to be in violation of this chapter after the later of the expiration of thirty calendar days from the receipt of written notice by the attorney general or the expiration of any extension granted by the attorney general, the attorney general must pursue an injunction against the individual or entity, in a court of competent jurisdiction in the circuit court for the county where the alleged violation occurred.
If a court finds that an individual or entity continues to be in violation of this chapter after the later of thirty calendar days from the receipt of written notice by the attorney general or the expiration of any extension granted by the attorney general, or after a finding of a violation of this chapter by a court, the court must enjoin the individual or entity from continuing to violate this chapter.
If thirty days after the issuance of an injunction an individual or entity knowingly and willfully fails to comply, as provided for in this section, the court must impose a civil penalty in the amount of twenty-five thousand dollars or the amount of actual damages for each violation occurring after the conclusion of the thirty-day period. In assessing the penalty, the court may consider the financial resources of the violator and any harm or risk of harm to an individual's rights under the U.S. Const. amend. II, resulting from the violation. The court shall forward any civil penalty collected under this section to the state treasurer, for deposit in the general fund.
In addition to the remedies provided for in this section, the attorney general or a petitioner who prevails in an action under this chapter shall recover costs and reasonable attorney's fees.
Source: SL 2025, ch 165, § 7.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 37-35A-7
What does South Dakota Codified Laws § 37-35A-7 cover?
Section 37-35A-7 ("Civil action--Injunction--Damages--Attorney’s fees.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 37-35A-7?
A common citation format is "South Dakota Codified Laws § 37-35A-7" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 37-35A-7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.