FOR AN ACT ENTITLED, An Act to  prohibit the use of certain electronic communication devices to communicate threats and harassment and to provide a penalty therefor.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
     Section 1.  That § 49-31-31 be amended to read as follows:
     49-31-31.   It is a Class 1 misdemeanor for a person to use a telephone or other electronic communication device for any of the following purposes:

             (1)      To call or communicate with another person with intent to terrorize, intimidate, threaten, harass or annoy such person by using obscene or lewd language or by suggesting a lewd or lascivious act;

             (2)      To call or communicate with another person with intent to threaten to inflict physical harm or injury to any person or property;

             (3)      To call or communicate with another person with intent to extort money or other things of value;

             (4)      To call or communicate with another person with intent to disturb him that person by repeated anonymous telephone calls or intentionally failing to replace the receiver

or disengage the telephone connection.

     It is a Class 1 misdemeanor for a person to knowingly permit a telephone or other electronic communication device under his or her control to be used for a purpose prohibited by this section.