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Definitions
Crime Definitions

Aggravated Assault
Aggravated assault is defined by any person who does the following:
  • Attempts to cause serious bodily injury to another, or causes such injury, under circumstances manifesting extreme indifference to the value of human life
  • Attempts to cause, or knowingly causes, bodily injury to another with a dangerous weapon
  • Attempts to cause or knowingly causes any bodily injury to a law enforcement officer or other public officer engaged in the performance of their duties
  • Assaults another with intent to commit bodily injury which results in serious bodily injury
  • Attempts by physical menace with a deadly weapon to put another in fear of imminent serious bodily harm

Aggravated assault is a class three felony.

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Burglary
Burglary is defined as the act of entering an occupied or unoccupied structure to commit any crime.

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Child Abuse
Child abuse is defined as any person who abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner that does not constitute aggravated assault.

Child abuse is a class four felony.

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Rape
Rape is defined as an act of sexual penetration accomplished with any person under any one of more or the following circumstances:
  • Through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the presence of the victim, accompanied by apparent power of execution
  • Where the victim is incapable of giving consent to such an act because of physical or mental incapacity
  • Where the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent of hypnosis
  • Where the victim is less than 10 years of age
  • Where the victim is 10 years of age, but less than 16 years of age, and the perpetrator is at least three years older than the victim
  • Where persons are not legally married and are within degrees of consanguinity within which marriages are by the laws of this state declared void (also defined as incest)

Rape is a felony.

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Robbery
Robbery is defined as the intentional taking of personal property, regardless of value, in the possession of another from their person or immediate presence, and against their will, accomplished by means of force or fear, unless the property is taken pursuant to process or otherwise pursuant to the law.

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Simple Assault
Simple assault is defined by any person who does the following:
  • Attempts to cause bodily injury to another, other than a law enforcement officer engaged in the performance of their duties, and has the actual ability to cause the injury
  • Recklessly causes bodily injury to another
  • Negligently causes bodily injury to another with a dangerous weapon
  • Attempts by physical menace to put another in fear of imminent serious bodily harm, with or without the actual ability to seriously harm the other person
  • Intentionally causes bodily injury to another, which does not result in serious bodily injury

Simple assault is a class one misdemeanor.

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Theft
Theft is defined as a person who unlawfully obtains property with the intent to deprive the rightful owner of it.

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City of Aberdeen:   123 S. Lincoln St., South Dakota 57401   Ph: (605) 626-7025