South Dakota § 49-31-31 - Contact by telephone or other device--Threatening, harassing, or misleading contacts--Penalty.

§ 49-31-31. Contact by telephone or other device--Threatening, harassing, or misleading contacts--Penalty.

It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes:

(1)    To contact another person with intent to terrorize, intimidate, threaten, harass, or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act;

(2)    To contact another person with intent to threaten to inflict physical harm or injury to any person or property;

(3)    To contact another person with intent to extort money or other things of value;

(4)    To contact another person with intent to disturb that person by repeated anonymous telephone calls or intentionally failing to replace the receiver or disengage the telephone connection; or

(5)    Except as allowed in § 49-31-31.2, to contact or to attempt to contact another person and, in so doing, intentionally cause to be displayed as caller identification, a fictitious or misleading name or telephone number:

(a)    To defraud, cause harm, or wrongfully obtain anything of value from another person; or

(b)    Of another person who has not granted the person the right to display that other person's name or phone number, as applicable.

It is a Class 1 misdemeanor for a person to knowingly permit a telephone or other electronic communication device under his or her control to be used for a purpose prohibited by this section.

Source: SL 1967, ch 30, § 1; SL 1983, ch 15, § 121; SL 2008, ch 240, § 1; SL 2011, ch 206, § 1; SL 2022, ch 170, § 1.