South Dakota Disorderly Conduct Laws

Many states have disorderly conduct laws that prohibit behavior that disturbs the peace. While the definition of disorderly conduct varies from state to state, it is generally used as a catch-all term that prohibits obnoxious or disruptive behavior. South Dakota's disorderly conduct law prohibits engaging in various types of fighting, making unreasonable noise, disturbing lawful assemblies, and obstructing traffic. The table below outlines South Dakota's disorderly conduct law.

Code Section

South Dakota Codified Laws section 22-18-35: Disorderly Conduct

What's Prohibited?

Intentionally causing serious public inconvenience, annoyance, or alarm to any other person, or creating a risk thereof by:
  • Engaging in fighting or in violence or threatening behavior
  • Making unreasonable noise
  • Disturbing a lawful assembly or meeting without the lawful authority to do so, or
  • Obstructing vehicular or pedestrian traffic

Penalties

Disorderly conduct is a Class 2 misdemeanor.

However, if the offender has been convicted of disorderly conduct three or more times within the previous 10 years, then the offender is guilty of a Class 1 felony for any forth or subsequent offense.

Related Offenses

In South Dakota, there are several other crimes that also disturb the peace and that are closely related to the crime of disorderly conduct, but that are separate distinct crimes. For example, see the crimes listed below.

Riot: It is illegal to use force or violence (or the threat of force or violence), if accompanied by immediate power of execution, by three or more people acting together without the authority of law. Riot is a Class 4 felony.

Encouraging or soliciting violence during a riot: It is a crime to direct, advise, encourage, or solicit other people to participate in a riot via acts of force or violence. Encouraging or soliciting violence during a riot is a Class 2 felony.

Unlawful assembly: It is a criminal offense for any person to assemble with two or more people for the purpose of engaging in a riot and remaining there with the intent of advancing the riot's purpose. Unlawful assembly is a Class 1 felony.

Additional Resources

State laws change frequently. For case specific information regarding South Dakota's Disorderly conduct laws contact a local criminal defense lawyer.

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