TITLE:
South Dakota: Destructive Devices
SOURCE:
Excerpt from Terrorism and the Law, by Yonah Alexander and Edgar H. Brenner, Editors.
Transnational Publishers, Inc., 2001.
TEXT:
SOUTH DAKOTA
DESTRUCTIVE DEVICES
22-14A-4. Sale, transportation, or possession of destructive device as felony ? Increased penalty for prior violent crime conviction.
Any person who knowingly sells, offers for sale, transports or possesses any destructive device is guilty of a Class 4 felony. If such person has been previously convicted of a crime of violence in this state or elsewhere, he is guilty of a Class 3 felony.
22-14A-5. Carrying or placing explosive or device on vehicle or in baggage ? Felony
Any person who, with intent to injure or to threaten to injure any person or property:
(1) Carries any explosive or destructive device on any vessel, aircraft, motor vehicle or other vehicle that transports passengers for hire;(2) Places or carries any explosive or destructive device, while on board any such vessel, aircraft, motor vehicle, or other vehicle, in any hand baggage, roll or other container with intent to conceal the same;
(3) Places any explosive or destructive device in any baggage which is later checked with any common carrier; is guilty of a Class 2 felony.
22-14A-6. Possession of explosive or device with intent to injure, intimidate or destroy property as felony.
Any person who has in his possession any explosive or destructive device under circumstances not enumerated in § 22-14A-5, with intent to injure, intimidate, or terrify any person, or with intent to wrongfully injure or destroy any property is guilty of a Class 3 felony.
22-14A-11. Intentional use of device or explosive to cause bodily harm as felony.
Any person who explodes or ignites any destructive device or explosive with intent to cause bodily harm and which results in bodily harm is guilty of a Class 2 felony.
22-14A-13. Unauthorized possession of substances with intent to make destructive device as felony.
Any person who possesses any substance, material, or any combination of the substances or materials, with the intent to make a destructive device without first obtaining a permit from the department of public safety to make such device, is guilty of a Class 5 felony.
22-14A-16. Armed forces, law enforcement agencies, and licensed sellers or users of explosives and destructive devices exempt.
This chapter shall not apply to the armed forces of the United States, the national guard, any law enforcement agency or any officer, agent, employee or member thereof acting in a lawful capacity and any person possessing a valid seller’s permit or user’s permit from the United States federal government for explosive and destructive devices.
22-14A-18. Use of explosive or device to destroy another’s property as felony ? Exception.
Any person who intentionally destroys or attempts to destroy by the use of any explosive or destructive device, any property real or personal, not the property of such person, although the same is done under such circumstances as not to endanger the life or safety of any human being, is guilty of a Class 4 felony. This section shall not apply to any property destroyed under the direction of any fire fighter or any law enforcement officer of any municipality to prevent the spread of fire.
22-14A-19. Use of explosive or device to endanger human life or safely as felony.
Any person who intentionally, by the use of an explosive or destructive device, destroys or inures the whole or any part of any occupied or unoccupied structure, motor vehicle, street, highway, railway, bridge, dam, dyke or other structure, by means of which the life or safety of any human being is endangered, is guilty of a Class 3 felony.
22-14A-20. Placement of explosive or device as to endanger human life or safety.
Any person who takes into, upon, under, against, or near to any occupied or unoccupied structure, motor vehicle, street, highway, railway, bridge, dam, dyke or other structure, any explosive or destructive device, with intent to destroy or injure the whole or any part thereof under the circumstances that if such intent were accomplished, human life or safety would be endangered thereby, although no damage is done, is guilty of a Class 4 felony.
22-14A-21. Possession of registered or licensed destructive devices permitted.
Any person may possess destructive devices that are registered with, or licensed by, the state or federal government pursuant to law.
22-14A-22. Falsely reporting a bomb as felony?Restitution Minor to perform public service.
Any person who makes a false report, with intent to deceive, mislead, or otherwise misinform any person, concerning the placing or planting of any bomb, dynamite, explosive, or destructive device, is guilty of falsely reporting a bomb. Falsely reporting a bomb is a Class 6 felony. Any person found guilty of falsely reporting a bomb shall pay restitution for any expense incurred as a result of the crime. The person is also civilly liable for any injury to person or property from the false report and any costs related to responding to the false report. If the person making the false report prohibited by this section is a minor, the court, in addition to such other disposition as the court may impose, shall require the minor to perform at least fifty hours of public service unless tried as an adult.
EXCERPTED FROM:
Terrorism and the Law, by Yonah Alexander and Edgar H. Brenner, Editors. Transnational
Publishers, Inc., 2001.
Copyright © 2001 by Transnational Publishers, Inc.
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