In addition to the criminal penalty provided in § 22-19B-1, there is a civil cause of action for malicious harassment. The victim of malicious intimidation or harassment may recover both special and general damages, including damages for emotional distress, reasonable attorney fees and costs, and punitive damages. The civil cause of action for malicious intimidation or harassment is in addition to any other remedies, criminal or civil, otherwise available under law.
S.D. Codified Laws § 20-9-32
Civil cause of action for malicious intimidation or harassment--Damages
Applied in 1 court decision — leading case Sisney v. Best Inc. (2008)
Most recently applied in Sisney v. Best Inc. (July 2008)
Source: SL 1993, ch 177, § 3; SDCL, 22-19B-3; SL 2005, ch 120, §§ 183, 185.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.