Terms used in §§ 20-9-53 to 20-9-57, inclusive, mean:

(1) “Civil recoveries,” funds received by the state from any third party as damages resulting from riot or incitement to riot that cause the state or a political subdivision to incur costs;

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Terms Used In South Dakota Codified Laws 20-9-53

  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2

(2) “Incitement to riot,” any person who, with the intent to cause a riot, commits an act or engages in conduct that urges three or more people, acting together and without authority of law, to use force or violence to cause any injury to any person or any damage to property, under circumstances in which the force or violence is imminent and the urging is likely to incite or produce the use of force or violence, incites riot. Urging includes instigating, inciting, or directing, but does not include the oral or written advocacy of ideas or expression of belief that does not urge the commission of an act or conduct of imminent force or violence;

(3) “Person,” any individual, joint venture, association, partnership, cooperative, limited liability company, corporation, nonprofit, other entity, or any group acting as a unit;

(4) “Political subdivision,” a county or municipality;

(5) “Riot,” any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property; and

(6) “Secretary,” the secretary of the Department of Public Safety.

Source: SL 2019, ch 104, § 1, eff. Mar. 27, 2019; SL 2020, ch 73, § 1; SL 2020, ch 78, § 5.