2006 South Dakota Code - 22-18-1 — Simple assault--Misdemeanor--Felony for subsequent offenses.22-18-1.05.    Simple or aggravated assault against law enforcement officer, Department ofCorrections employee or person under contract, or other public officer.

             (1)      Attempts to cause bodily injury to another and has the actual ability to cause the injury;

             (2)      Recklessly causes bodily injury to another;

             (3)      Negligently causes bodily injury to another with a dangerous weapon;

             (4)      Attempts by physical menace or credible threat to put another in fear of imminent bodily harm, with or without the actual ability to harm the other person; or

             (5)      Intentionally causes bodily injury to another which does not result in serious bodily injury;
is guilty of simple assault. Simple assault is a Class 1 misdemeanor. However, if the defendant has been convicted of, or entered a plea of guilty to, two or more violations of § 22-18-1, 22-18-1.1, 22- 18-26, or 22-18-29 within five years of committing the current offense, the defendant is guilty of a Class 6 felony for any third or subsequent offense.

Source: SDC 1939, §§ 13.2401, 13.2403; SDCL, § 22-18-8; SL 1973, ch 147; SL 1976, ch 158, § 18-1; SL 1980, ch 173, § 2; SL 1981, ch 174; SL 1998, ch 132, § 1; SL 1999, ch 117, § 1; SL 2005, ch 120, § 1.