South Dakota § 40-38-1 - Definition of terms.

§ 40-38-1. Definition of terms.

Terms used in this chapter mean:

(1)    "Agricultural production facility," real or personal property that is used primarily for agricultural purposes, including:

(a)    A vehicle, building, structure, research facility, or area where an animal is kept, handled, housed, transported, exhibited, bred, or offered for sale; or

(b)    A barn, crop field, elevator, garden, greenhouse, nursery, orchard, research facility, seedhouse, warehouse, structure, machinery, or equipment;

(2)    "Animal," any living vertebrate except human beings;

(3)    "Consent," permission by the owner or by a person legally authorized to act for the owner. Consent is not effective if:

(a)    Induced by force or threat;

(b)    Given by a person the offender knows is not legally authorized to act for the owner; or

(c)    Given by a person who by reason of age, mental disease or defect, or influence of drugs or alcohol is known by the offender to be incapable of consenting;

(4)    "Crop," a plant or plant product that is grown for food, feed, fiber, forage, or fuel;

(5)    "Deception," the act of knowingly:

(a)    Creating or confirming another person's belief or impression as to the existence or nonexistence of a fact or condition that is false and that the actor does not believe to be true; or

(b)    Failing to correct a false belief or impression as to the existence or nonexistence of a fact or condition that the actor previously created or confirmed;

(6)    "Deprive," to:

(a)    Withhold an animal or material appurtenant to an animal from the owner permanently or for so extended a period of time that a major portion of the value or enjoyment of the animal or property is lost to the owner;

(b)    Restore an animal or property only upon payment of a reward or other compensation; or

(c)    Dispose of an animal or other property in a manner that makes recovery of the animal or property by the owner unlikely;

(7)    "Owner," a person who has title to the property, legal possession of the property, or a greater right to possession of the property than the other;

(8)    "Possession," actual custody, control, or management; and

(9)    "Research facility," any place at which any scientific test, experiment, or investigation involving the use of any living animal or crop is carried out, conducted, or attempted.

Source: SL 1992, ch 291, § 1; SL 2025, ch 173, § 2.