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S.D. Codified Laws § 40-1-1

Definition of terms

Applied in 3 court decisions — leading case State v. Eagle Hawk (1987)

Most recently applied in State v. Alexander (June 2022)

Source: SDC 1939, § 40.2201; SL 1991, ch 331, § 1; SL 2014, ch 194, § 1.

How often courts cite this section

19871990200020102020202210
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Terms used in chapters 40-1 and 40-2, mean:

(1) "Abandon," to give up with the intent of never again regaining one's interests in, or rights to, an animal other than placing ownership with a responsible party;

(2) "Animal," any mammal, bird, reptile, amphibian, or fish, except humans;

(3) "Board," the South Dakota Animal Industry Board;

(4) "Cruelty," to intentionally, willfully, and maliciously inflict gross physical abuse on an animal that causes prolonged pain, that causes serious physical injury, or that results in the death of the animal;

(5) "Dangerous animal," any animal that, by itself or by environmental circumstances, at the determination of the board, any agent or officer of a humane society, or any law enforcement officer, is a threat to the physical well-being of other owned animals or humans;

(6) "Humane killing," to cause the death of an animal in a manner to limit the pain or suffering of the animal as much as reasonably possible under the circumstances;

(7) "Impound," to take physical control and custody of an animal;

(8) "Livestock," any agricultural or commercial animal owned, bred, or raised for profit, but not including dogs, cats, rabbits, or other household pets;

(9) "Mistreat," to cause or permit the continuation of unjustifiable physical pain or suffering of an animal;

(10) "Neglect," to fail to provide food, water, protection from the elements, adequate sanitation, adequate facilities, or care generally considered to be standard and accepted for an animal's health and well-being consistent with the species, breed, physical condition, and type of animal;

(11) "Proper enclosure," a secure confinement in an enclosed or locked facility suitable to prevent a dangerous animal from escaping and to prevent any physical threat to the well-being of any other animal or human.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.