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§ 40-1-39 Rebuttable presumption of maliciousness.

SD Codified L § 40-1-39 (2019) (N/A)
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40-1-39. Rebuttable presumption of maliciousness. 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.

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§ 40-1-38 Harassment of service animal accompanying disabled person prohibited.
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§ 40-1-40 Harassment defined--Malicious act defined.