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Bill

SB 156

modify the crime of cruelty to an animal and increase the penalty therefor.

2026 Regular Session Introduced by Bobbi Andera and 8 co-sponsors

SB 156 elevates extreme animal cruelty to a Class 4 felony when the acts are especially depraved or sadistic.

Agriculture and Natural Resources Deferred to the 41st legislative day , Passed, YEAS 10, NAYS 2 H.J. 33
#animalsandlivestock #penalty
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Bill Summary · SB 156

Summary of South Dakota SB 156 (2026 Session)

Purpose

SB 156 proposes to modify the crime of cruelty to an animal and increase the penalty for certain egregious cases. The bill introduces a new criterion designating a subset of cruelty-to-animal offenses as a higher-class felony when committed in an especially depraved, heinous, sadistic, or wicked manner.

Key Provisions

  • New felony designation for extreme cruelty: The bill adds a provision to chapter 40-1 that makes an offense under § 40-1-2.4 (the existing cruelty-to-animal offense) punishable as a Class 4 felony when the conduct is committed in an “especially depraved, heinous, sadistic, or wicked manner.”

    • This creates a higher penalty tier specifically tied to the mental state and severity of the cruelty, rather than applying uniformly to all cruelty-to-animal offenses.

  • No other substantive changes specified in the text provided: The bill text focuses on adding this aggravated-cruelty provision and does not indicate changes to the base cruelty statute beyond the creation of the Class 4 felony qualifier.

Who Is Affected

  • Offenders convicted of cruelty to animals (as defined in § 40-1-2.4): Individuals whose conduct meets the aggravated criteria (especially depraved, heinous, sadistic, or wicked) would face the enhanced penalty.
  • Judicial system and prosecutors: Will need to assess whether the defendant’s conduct meets the “especially depraved, heinous, sadistic, or wicked” standard to determine if the Class 4 felony applies.
  • Animal welfare and the public: Potentially impacted through a higher penalty for extreme animal cruelty, which may affect deterrence and law-enforcement prioritization in cases involving severe mistreatment.

Procedural and Timeline Details

  • Committee and floor action timeline (selected):
    • First read in Senate and referred to Senate Judiciary: January 29, 2026.
    • Senate Judiciary Do Pass: February 10, 2026 (YEAS 4, NAYS 3).
    • Senate Do Pass: February 11, 2026 (YEAS 25, NAYS 8).
    • House Agriculture and Natural Resources considered: February 12 and 26, 2026, with a “Do Pass” and deferred actions noted.
    • The House Agriculture and Natural Resources committee report and scheduling actions occurred, including a hearing on February 26, 2026.
  • Action history indicates ongoing consideration through February 2026, with movement toward floor votes in both chambers and potential final enactment subject to passage by both houses and signature.

Notes on Impact

  • The creation of a Class 4 felony for aggravated cruelty signals a legislative intent to impose substantially harsher penalties for the most serious cases of animal cruelty.
  • The exact sentencing range, penalties, and any interaction with other statutes (e.g., penalties for related offenses or repeat offender provisions) are not detailed in the provided text and would be clarified in the full statute if enacted.
  • The bill emphasizes a behavioral standard (especially depraved, heinous, sadistic, or wicked) as the determinant for enhanced punishment, which may require judicial interpretation and potential challenges or guidance in case law.

Summary

SB 156 seeks to strengthen South Dakota’s framework against animal cruelty by elevating the offense to a Class 4 felony when the cruelty is inflicted in an especially depraved or extremely cruel manner. The measure aims to deter egregious mistreatment and provide prosecutors and courts with an explicit, more severe penalty option for the most serious cases. The bill was moving through committee and floor processes in early 2026.

Compiled from official sources — confirm details with the bill’s official record.

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