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A Vicious Dog

SDCL § 40-34-14 — an unprovoked attack in public, or on a worker on private property, and a public nuisance

  • Unprovoked, approaches in an attitude of attack, bites or injures a person on a street, sidewalk or other public place.
  • Unprovoked, does so on private property to a mail carrier, meter reader, delivery person or other worker there with permission.
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A dog that does either is a vicious dog, and owning or keeping one is a public nuisance.

  • SDCL § 40-34-13
  • SDCL § 40-34-14

Not when provoked. No dog is declared vicious for injuring someone trespassing, teasing or abusing it, or committing a crime.

  • SDCL § 40-34-15

Cities and counties have rules of their own. A particular dog is a question for a licensed South Dakota attorney.

Sources for this section (3)
  1. SDCL § 40-34-13 — Ownership of vicious dog as public nuisance
  2. SDCL § 40-34-14 — Vicious dog defined
  3. SDCL § 40-34-15 — Injury to person trespassing, teasing dog, or attempting to commit crime

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.

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