S.D. Codified Laws § 40-1-39
This is the official text of S.D. Codified Laws § 40-1-39, part of South Dakota’s Codified Laws — part of the compiled statutory law of South Dakota, published by the state as "Codified Laws." Browse the sections below, each linked to its official government source.
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Rebuttable presumption of maliciousness
Official statutory text
In a prosecution for a violation of § 40-1-38 , evidence that the defendant initiated or continued conduct as described in § 40-1-38 after being requested to discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal gives rise to a rebuttable presumption that the conduct was initiated or continued maliciously. A conviction and imposition of a sentence under §§ 40-1-38 to 40-1-40 , inclusive, does not prevent a conviction and imposition of a sentence under any other applicable provision of law.
Source: SL 1995, ch 234, § 2.
Source: SL 1995, ch 234, § 2.
Status: in_force · Read it on the official government site
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