South Dakota § 40-38-2 - Prohibited activities--Exceptions.

§ 40-38-2. Prohibited activities--Exceptions.

No person, without consent, may:

(1)    Intentionally damage or destroy an agricultural production facility or an animal, or obstruct any enterprise conducted at the agricultural production facility;

(2)    Acquire or otherwise exercise control over an agricultural production facility or an animal or other property from an agricultural production facility with the intent to deprive the owner or to obstruct the enterprise conducted at the facility;

(3)    Enter an agricultural production facility, not then open to the public, with intent to commit any act prohibited by this section;

(4)    Enter an agricultural production facility and remain concealed, with intent to commit any act prohibited by this section;

(5)    Enter an agricultural production facility and commit or attempt to commit any act prohibited by this section;

(6)    Intentionally turn out or release any animal or any plant pest or pathogen in or on an agricultural production facility;

(7)    Use deception to gain access to or employment at an agricultural facility that is not open to the public, with the intent to cause physical or economic harm or other injury to the agricultural production facility; or

(8)    Knowingly place or use a camera or electronic surveillance device that transmits or records images or data while committing criminal trespass as set forth in chapter 22-35.

This section does not apply to lawful activities of a governmental agency or emergency service carrying out its duties under law.

Source: SL 1992, ch 291, § 2; SL 2025, ch 173, § 3.