South Dakota state law: animal hoarding prosecuted via cruelty/neglect statutes (SDCL Chapter 40-1)

, Hawaii or Illinois hoarding-specific laws). Hoarding behavior, keeping a large number of animals in conditions of inadequate food, water, sanitation, veterinary care, or shelter, is prosecuted under the state's general animal-cruelty and inhumane-treatment provisions of SDCL Chapter 40-1 (Cruelty to Animals). 4, inhumane treatment of an animal, including failure to provide adequate food, water, protection from the elements, veterinary care, or socialization, is a Class 1 misdemeanor. Per SDCL 40-1-21 (animal cruelty / mistreatment), the malicious or grossly negligent infliction of needless suffering, or the malicious killing or torturing of an animal, is a Class 6 felony.

Under SDCL 40-1-5, peace officers may take custody of and impound animals in inhumane conditions. SDCL 40-1-2 defines an 'animal' broadly to include any mammal, bird, reptile, or amphibian, applying the cruelty framework to hoarded cats, dogs, rabbits, reptiles, and birds. In hoarding cases, prosecutors typically charge one or more counts of inhumane treatment based on conditions documented at seizure. Counties and cities may supplement state law with numerical limits (typical: 3-5 dogs or cats per household without a kennel/multiple-animal permit) and specific hoarding-disorder ordinances under SDCL 9-29-1 (general welfare police power) and SDCL Chapter 9-32 (nuisance abatement). Civil nuisance abatement under SDCL Chapter 21-10 is also available against hoarded-animal premises that create odor, vermin, or public-health nuisances.

Inhumane treatment under SDCL 40-1-2.4 is a Class 1 misdemeanor (up to 1 year in county jail and $2,000 fine). Animal cruelty under SDCL 40-1-21 is a Class 6 felony (up to 2 years in prison and $4,000 fine). On conviction, the court may order forfeiture of all animals, prohibition on future animal possession, and restitution for impoundment/veterinary costs incurred by the seizing agency. Each animal involved typically supports a separate count. Municipal numerical-limit ordinance violations carry separate fines of $50-$500 per day per excess animal.