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Bill

HB 1083

revise certain provisions related to stalking, establish the crime of felony stalking of a public official, and provide a penalty therefor.

2026 Regular Session

South Dakota bill creates felony stalking offense targeting public officials with separate penalties, addressing safety concerns while raising questions about definitional scope and equal application of law.

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Bill Summary · HB 1083

Legislative bill overview

HB 1083 revises South Dakota's stalking laws and creates a new felony offense specifically targeting stalking of public officials. The bill modifies existing stalking provisions while establishing enhanced penalties for those who stalk individuals holding public office.

Why is this important

Public officials increasingly face threats and harassment that can compromise their safety and ability to serve. This bill responds to growing concerns about intimidation campaigns targeting elected representatives and government employees, while also addressing whether existing stalking laws adequately protect these public servants.

Potential points of contention

  • Definition scope: Questions about how "public official" is defined and whether the enhanced penalties create a two-tiered justice system that treats stalking of officials differently than stalking of private citizens
  • First Amendment concerns: Potential debate over whether the law could inadvertently restrict legitimate political speech, protest, or criticism if not carefully worded
  • Proportionality: Arguments about whether felony-level penalties are appropriate or if misdemeanor stalking laws with enhanced sentencing would suffice

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

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