Chapter 23-4

  23-4-2  Possession by felon of police radio as misdemeanor -- Radio stations unaffected.

    No person who has been convicted of a felony in this state or elsewhere within the past ten years shall possess any frequency modulation receiving equipment capable of being so adjusted or tuned as to receive messages or signals on frequencies assigned by the federal communications commission to local or state law enforcement officers, or to the state or any of its agencies. Any person who violates this section is guilty of a Class 2 misdemeanor. Nothing in this section shall be construed to affect any radio station licensed by the federal communications system.

  23-4-3  Permit to monitor assigned frequencies.

    At the discretion of the attorney general or the legal licensee of each county or municipality, a permit to monitor said assigned frequencies may be issued. Such permit will apply to fixed monitors in authorized places of business. Application for such permit will be made in writing to the attorney general for frequencies assigned to the state of South Dakota and to the sheriff or fire chief for frequencies assigned to various counties and to the chief of police and fire chief of the various municipalities.

  23-4-4  Federal licensees exempt from chapter.

   This chapter does not apply to any holders of a valid amateur radio operator or station license issued by the federal communications commission.

  23-4-5  Unlawful possession of receiving set or converter without permission -- Seizure by peace officer.

   The possession of any receiving set or converter described in s 23-4-2 in any vehicle or business establishment, without permission pursuant to s 23-4-3, will constitute prima facie evidence of possession for unlawful purposes, and such receiving set shall be deemed contraband and shall be confiscated by any peace officer of this state and delivered to the attorney general for disposition.

 Comment:

 These statutes make it a crime only for someone convicted of a felony in the last 10 years to possess a radio which covers police frequencies.  Non-felons may monitor at will.  Amateur radio operators, even if they are felons, may monitor at will.