Is jaywalking legal in South Dakota under the new 2026 rules?
No. As of July 1 2026 the South Dakota Legislature amended the traffic statutes to make crossing a roadway outside a crosswalk a criminal misdemeanor in most municipalities. The change closes the loophole that previously allowed a “reasonable” determination of safety and aligns the state with the Uniform Vehicle Code. Violators now face a $150 fine and possible court costs, with repeat offenses escalating to a $300 penalty.
Overview of the 2026 Legislative Changes
The South Dakota Codified Laws (2026) introduced § 32‑9‑1.5, which defines “jaywalking” as any pedestrian crossing a street outside a marked or unmarked crosswalk at an intersection where one is legally required. The amendment applies statewide, but municipalities may enact stricter local ordinances. The law also clarifies that “reasonable safety” is no longer a defense; compliance with crosswalk rules is mandatory unless an emergency situation exists.
Enforcement and Penalties
Law enforcement officers can issue citations on the spot. First‑time offenders receive a written notice and a $150 fine. The statute mandates that repeat offenders within a twelve‑month period must appear in circuit court, where the fine may increase to $300 and a driver’s education program for pedestrians may be ordered. Failure to pay within thirty days results in a civil collection action.
Exceptions and Special Cases
The law preserves limited exceptions. Pedestrians may cross outside a crosswalk when:
- A traffic signal indicates a “walk” sign for that location.
- There is an immediate life‑threatening emergency, such as fleeing a dangerous situation.
- No crosswalk is available within a reasonable walking distance, defined as 200 feet, and the crossing does not endanger traffic.
These defenses must be proven in court, and police discretion is required at the time of the citation.
Impact on Drivers and Pedestrians
Drivers now have a clearer legal expectation that pedestrians will use crosswalks, reducing sudden braking incidents. A 2025 study by the South Dakota Department of Transportation showed a 12 percent drop in pedestrian‑related collisions when crosswalk compliance increased. For pedestrians, the law encourages awareness of designated crossing points and promotes the use of pedestrian signals, especially in urban areas like Sioux Falls and Rapid City.
Frequently Asked Questions
What constitutes a “marked” crosswalk under the new law?
A marked crosswalk is any roadway area delineated by painted white lines, road surface texture, or raised pavement markers. The statute also recognizes “unmarked” crosswalks at intersections where the road layout indicates a crossing point, even without paint.
Can I be cited for jaywalking on a rural road with no crosswalk?
Yes, if a crosswalk is required by law—typically at intersections—even on rural highways. However, the 200‑foot exception may apply if no crosswalk is reasonably accessible.
Does the fine increase for repeat offenses?
The first offense carries a $150 fine. A second offense within twelve months raises the fine to $300 and may require court appearance and a corrective education program.
Are there any defenses against a jaywalking citation?
A driver may argue an emergency circumstance or that no crosswalk was within a reasonable distance. The burden of proof rests with the pedestrian, who must present evidence such as photos or witness statements.
How does this law affect cyclists?
Cyclists are considered vehicle operators; they must also obey crosswalk rules. Riding a bicycle across a street outside a crosswalk can result in the same misdemeanor charge as a pedestrian.