South Dakota’s hate crime law states that it is illegal to harass or harm someone based on their race, ethnicity, religion, ancestry or national origin. It is a class 6 felony, with a maximum punishment of two years behind bars. But crimes against people based on their sexual orientation or gender identity are not included.
“I think we’ve seen, probably over the last decade, there’s been kind of a rise of political rhetoric, you know, targeting the queer community in South Dakota, specifically the transgender and gender diverse community,” said Anna Brenden, president of Sioux Falls Pride.
One of those instances happened in September, when officers were called to a Sioux Falls neighborhood. Police say a man was yelling derogatory statements at his neighbors based on their sexual orientation and breaking their tree branches.
The man was arrested for disturbing the peace and intentional damage to property, both misdemeanor charges.
“Those statutes are oftentimes used when the hate crime statutes don’t apply,” said Attorney General Marty Jackley. “Last year in South Dakota, we had 25 reports of hate crimes. Oftentimes, those crimes are covered by the assault or destruction of private property statute. This year we’ve had nine reports.”
But despite the other laws that protect victims of those crimes, Brenden says a change would be reassuring.
“I think it’s a sign to the community, you know, to the LGBTQIA+ and two-spirit community that the state is trying to make a safe environment for everybody, and really create a place where people feel like they can make a life,” said Brenden.
A change to that law would start with a discussion among state legislators.
“I think what would happen is there would be an additional language added or recommended to be added, and that would go through a committee process where the public has a chance to weigh in and discuss their opinions about the topic,” said Republican Representative Greg Jamison, who is from Sioux Falls.
After that, the House and Senate would have to approve it. If that happened the legislation would land on the governor’s desk, who would then decide whether to sign or not sign the change into law.
You can read the full article at Yahoo! News.