40-1-39. Rebuttable presumption of maliciousness.In a prosecution for a violation of §40-1-38, evidence that the defendant initiated or continued conduct as described in §40-1-38 after being requested to discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal gives rise to a rebuttable presumption that the conduct was initiated or continued maliciously. A conviction and imposition of a sentence under §§40-1-38 to 40-1-40, inclusive, does not prevent a conviction and imposition of a sentence under any other applicable provision of law. Source: SL 1995, ch 234, §2.
South Dakota Legal Code