Senate Approves Tougher Penalty for Preventing Religious Practice

The South Dakota Senate passed Senate Bill 113 on Feb. 4, 2026, reclassifying the offense of preventing another from practicing their religion from a class 1 misdemeanor to a class 6 felony. Sponsor Senator Jim Melhoff framed the bill as a response to high‑profile disruptions at places of worship in other states and said the conduct involved threats, violence and interference with worship.

Melhoff described examples aired publicly and argued the statute should deter conduct that menaces worshippers or prevents religious practice. Opponents and questioners — including Senator Vojta, Senator Blanc and Senator Carly — expressed concerns that the statute as drafted is broad and could have unintended consequences, particularly if its language is applied without context to protesters or law‑enforcement actions. Melhoff and other supporters said the statute is limited to acts committed "by threat or violence" and noted longstanding statutory distinctions between disorderly conduct, criminal trespass and more serious violent acts.

After substantive floor exchange and questions about scope and possible abuses, the Senate approved SB113 by roll-call (30 ayes, 4 nays, 1 excused). Sponsors said the bill is designed to address violent interference with religious practice, not peaceful protest.