An Act to revise a provision related to threatening law enforcement officers.
Be it enacted by the Legislature of the State of South Dakota:
Section 1. That 22-11-15.5 be AMENDED:
22-11-15.5.
Any person who,
knowingly and intentionally,
deposits for conveyance in the mail or for a delivery from any post
office or by any messenger, any letter, paper, writing, print, or
document containing any
communicates any written or electronic
threat to take the life of or to inflict
serious
bodily harm upon a law enforcement officer of the state or a member
of the officer's immediate family is guilty of a
Class 5 felony
Class 1 misdemeanor.
The threat must relate to the officer's official capacity.
However, if any such threat is made which otherwise would constitute
a violation of 22-11-4
or 22-18-1.1,
the provisions of such sections supersede the provisions of this
section, and the penalties provided in 22-11-4
or 22-18-1.1
apply.