Illegal death threats against public officials could be broadened in South Dakota

Proposal would expand what constitutes a felony-level threat

PIERRE — Some lawmakers in South Dakota want harsher penalties for people who make threats of violence against elected officials.

It’s already a felony in South Dakota to make death threats or vows to seriously injure constitutional office holders here, but a measure under consideration at the state Capitol wants those same legal protections extended to lawmakers, judges or just about any elected office holder in South Dakota.

“This is not about someone yelling ‘I’m going to kill you.’ This is when someone takes time to write and send a threat to harm you or your family,” Sen. Tim Reed said this week in support of Senate Bill 146.

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The measure, if passed, would add written statements or electronic messages conveying threats against legislators, judges, county commissioners or city officials a class 5 felony.

Reed, a former mayor and city councilor himself, said his proposal would extend only to politically-motivated threats of violence.

“If a legislator gets a threat of harm because he’s not taking care of his weeds in his yard, that threat will not fall under this bill,” he said.