The crime of assault varies from state to state (and under federal law), but is generally defined as intentionally putting another person in reasonable apprehension or fear of an imminent (immediate) harmful or offensive contact. The crime of assault may be committed even if there is no physical contact, as the criminal physical contact constitutes the separate crime of battery.
In South Dakota, assault is defined under SDCL 22-18-1 as an attempt to cause bodily injury to another, or intentionally causing bodily injury to another, or intentionally causing another to reasonably fear imminent bodily harm. The state differentiates between simple assault and aggravated assault, with the latter being a more serious offense involving the intent to cause serious bodily injury or the use of a dangerous weapon. Simple assault is typically a misdemeanor, while aggravated assault is a felony. It is important to note that in South Dakota, as in many states, the crime of assault does not require physical contact; the act of creating a reasonable fear of imminent harm is sufficient to constitute assault. Battery, on the other hand, involves actual physical contact and is addressed under separate statutes.