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South Dakota State law
State law — South Dakota
Offences by family
Against the person
Assault (aggravated) Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Aggravated assault — serious bodily injury under extreme indifference; bodily injury with a dangerous weapon; assault with intent causing serious bodily injury; menace with a deadly weapon; strangulation (Class 3 felony) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$30,000
Aggravated assault — against a law enforcement officer, firefighter, ambulance personnel, corrections employee or other public officer on duty, or health-care facility personnel (Class 2 felony) Possibly — unconfirmed
- Imprisonment
- 0–25 years
- Fine
- $0–$50,000
Aggravated assault is a crime of violence for parole purposes. Strangulation (impeding breathing / circulation) is included in aggravated assault.
Assault (simple) Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Simple assault — causing / attempting bodily injury, or placing another in fear of bodily injury (Class 1 misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,000
Simple assault — against a law enforcement officer, firefighter, ambulance personnel, corrections employee or other public officer on duty, or health-care facility personnel (Class 6 felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$4,000
Simple assault with two or more prior simple-assault convictions within 10 years is a Class 4 / 5 / 6 felony (reported; exact class by number of priors not verified).
Domestic violence Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Simple assault against a family / household member (Class 1 misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,000
Mandatory arrest; no-contact condition on bond.
Aggravated assault (including strangulation) against a family / household member (Class 3 felony) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$30,000
See Assault (aggravated) entry.
Violation of a protection order / no-contact order — 1st offence (Class 1 misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,000
Violation of a protection order involving assault / stalking, or 3rd violation within 10 years (Class 6 felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$4,000
Violation of a protection order — 4th offence within 10 years (Class 5 felony) Possibly — unconfirmed
- Imprisonment
- 0–5 years
- Fine
- $0–$10,000
Violation of a protection order — 5th or subsequent offence within 10 years (Class 4 felony) Possibly — unconfirmed
- Imprisonment
- 0–10 years
- Fine
- $0–$20,000
Domestic-abuse counselling is required on probation. Law enforcement must arrest on probable cause for domestic abuse (§ 25-10-36).
Homicide — manslaughter Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Manslaughter — 1st degree: heat-of-passion killing without design to effect death; killing with a dangerous weapon; or unintentional death during a felony not listed in the first-degree murder statute (Class C felony) Possibly — unconfirmed
- Imprisonment
- Up to life
- Fine
- $0–$50,000
Vehicular homicide (Class 3 felony, reported) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$30,000
Second-degree manslaughter (§ 22-16-20) exists but its felony class was not verified in this session and is not presented here.
Homicide — murder Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Murder — 1st degree: premeditated killing, or killing during arson / rape / robbery / burglary / kidnapping / explosive offence (Class A felony) Possibly — unconfirmed
- Imprisonment
- Death or life without parole
- Fine
- $0–$50,000
No lesser sentence permitted.
Murder — 2nd degree: intentional killing without premeditation, with extreme disregard for human life (Class B felony) Possibly — unconfirmed
- Imprisonment
- Life imprisonment
- Fine
- $0–$50,000
Mandatory life sentence.
South Dakota retains the death penalty for first-degree murder (lethal injection), available only with statutory aggravating factors. Attempted first-degree murder of a law enforcement officer is a Class 1 felony.
Sexual offences
Sexual assault / rape Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Rape — 1st degree: victim under 13 (Class C felony) Possibly — unconfirmed
- Imprisonment
- Up to life (minimum 15 years, reported)
- Fine
- $0–$50,000
Rape — 2nd degree: force, coercion, or threats of immediate and great bodily harm (Class 1 felony) Possibly — unconfirmed
- Imprisonment
- 0–50 years
- Fine
- $0–$50,000
Rape — 3rd degree: victim physically / mentally incapable of consent, or incapacitated by intoxicant / narcotic / anaesthetic / hypnosis (Class 2 felony) Possibly — unconfirmed
- Imprisonment
- 0–25 years
- Fine
- $0–$50,000
Rape — 4th degree: victim 13–15 with perpetrator at least 3 years older, or without consent (Class 3 felony) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$30,000
Sex-offender registration applies. Rape of a child under 13 carries a minimum term of 15 years under § 22-22-1.2 (reported). No statute of limitations for 1st- and 2nd-degree rape.
Property
Burglary Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Burglary — 1st degree: entering / remaining in an occupied structure with intent to commit a crime, with physical harm / threat, armed with a dangerous weapon, or at night (Class 2 felony) Possibly — unconfirmed
- Imprisonment
- 0–25 years
- Fine
- $0–$50,000
Second- and third-degree burglary (§§ 22-32-3, 22-32-8) exist but their felony classes were not verified in this session and are not presented here.
Robbery Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Robbery — 1st degree: armed with a dangerous weapon, inflicting bodily injury, or aided by an accomplice (Class 2 felony, reported) Possibly — unconfirmed
- Imprisonment
- 0–25 years
- Fine
- $0–$50,000
Robbery — 2nd degree: all other robbery (Class 4 felony, reported) Possibly — unconfirmed
- Imprisonment
- 0–10 years
- Fine
- $0–$20,000
One source treats robbery as a single Class 2 felony offence; the degree split below is reported. Robbery is a crime of violence for parole purposes.
Theft Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Petty theft — 2nd degree, value $400 or less (Class 2 misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–30 days
- Fine
- $0–$500
Petty theft — 1st degree, value over $400 but not over $1,000 (Class 1 misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,000
Grand theft — value $1,001–$2,500; or firearm, certain livestock, or taken from the person (Class 6 felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$4,000
Grand theft — value $2,501–$5,000 (Class 5 felony) Possibly — unconfirmed
- Imprisonment
- 0–5 years
- Fine
- $0–$10,000
Grand theft — value $5,001–$100,000 (Class 4 felony) Possibly — unconfirmed
- Imprisonment
- 0–10 years
- Fine
- $0–$20,000
Grand theft — value $100,001–$500,000 (Class 3 felony) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$30,000
Aggravated grand theft — value over $500,000 (Class 2 felony) Possibly — unconfirmed
- Imprisonment
- 0–25 years
- Fine
- $0–$50,000
CONFLICT FLAGGED: older sources list grand theft as a single Class 4 felony regardless of value; the tiered ladder below follows more recent summaries of § 22-30A-17 / § 22-30A-17.1 / § 22-30A-17.2. Official re-check needed. Amounts from one scheme or course of conduct may be aggregated.
Vandalism / criminal damage Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Intentional damage to property — $400 or less (Class 2 misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–30 days
- Fine
- $0–$500
Intentional damage to property — over $400 but not over $1,000 (Class 1 misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,000
Intentional damage to property — over $1,000 but not over $2,500 (Class 6 felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$4,000
Intentional damage to property — over $2,500 but not over $5,000 (Class 5 felony) Possibly — unconfirmed
- Imprisonment
- 0–5 years
- Fine
- $0–$10,000
Intentional damage to property — over $5,000 but not over $100,000 (Class 4 felony) Possibly — unconfirmed
- Imprisonment
- 0–10 years
- Fine
- $0–$20,000
Intentional damage to property — over $100,000 but not over $500,000 (Class 3 felony) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$30,000
Intentional damage to property — over $500,000 (Class 2 felony) Possibly — unconfirmed
- Imprisonment
- 0–25 years
- Fine
- $0–$50,000
Damage to monuments / statues / memorials carries a separate reduced penalty under HB 1197 (2019) — Class 1 misdemeanour up to $400, Class 6 felony above (reported). Critical-infrastructure tampering (§ 22-34-28) is a separate offence.
Fraud & financial
Fraud Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Forgery — falsely making / completing / altering or passing a forged written instrument, with intent to defraud (Class 5 felony) Possibly — unconfirmed
- Imprisonment
- 0–5 years
- Fine
- $0–$10,000
Identity theft — 1st offence (Class 6 felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$4,000
Fraudulent insurance act — amount $400 or less (Class 2 misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–30 days
- Fine
- $0–$500
Fraudulent insurance act — amount over $400 but under $1,000 (Class 1 misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,000
Fraudulent insurance act — amount $1,000 or greater (Class 4 felony) Possibly — unconfirmed
- Imprisonment
- 0–10 years
- Fine
- $0–$20,000
Theft by deception — graded by value under § 22-30A-17 Possibly — unconfirmed
- Imprisonment
- See Theft entry
- Fine
- See Theft entry
Deceptive trade practices (§ 37-24-6) are also criminalised as a misdemeanour / felony (tiers not verified in this session).
Drugs
Drug possession Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Possession — Schedule I or II substance (Class 5 felony) Possibly — unconfirmed
- Imprisonment
- 0–5 years
- Fine
- $0–$10,000
Possession — Schedule III or IV substance (Class 6 felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$4,000
Possession of marijuana — 2 oz or less (Class 1 misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,000
Possession of marijuana — over 2 oz to 0.5 lb (Class 6 felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$4,000
Possession of marijuana — over 0.5 lb to 1 lb (Class 5 felony) Possibly — unconfirmed
- Imprisonment
- 0–5 years
- Fine
- $0–$10,000
Possession of marijuana — over 1 lb to 10 lb (Class 4 felony) Possibly — unconfirmed
- Imprisonment
- 0–10 years
- Fine
- $0–$20,000
Possession of marijuana — over 10 lb (Class 3 felony) Possibly — unconfirmed
- Imprisonment
- 0–15 years
- Fine
- $0–$30,000
South Dakota also criminalises unauthorised ingestion of a controlled substance (§ 22-42-5.1): 1st / 2nd violation is a Class 1 misdemeanour; 3rd within 10 years is a Class 6 felony. Recreational marijuana is illegal in South Dakota (medical cannabis permitted under ch. 34-20G).
Drug trafficking / sale Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Manufacture / distribution / possession with intent — Schedule I / II substance (Class 4 felony) Possibly — unconfirmed
- Imprisonment
- 0–10 years
- Fine
- $0–$20,000
Schedule I / II — conduct involving three or more indicators (cash $1,000+, firearm, packaging, manufacture materials, records, multiple substances) (Class 3 felony) Possibly — unconfirmed
- Imprisonment
- 5–15 years
- Fine
- $0–$30,000
Mandatory minimum 5 years, not suspendable.
Methamphetamine over 5 g — manufacture / distribution / possession with intent (Class 3 felony) Possibly — unconfirmed
- Imprisonment
- 1–15 years
- Fine
- $0–$30,000
Mandatory minimum 1 year for a first conviction, 10 years for a second or subsequent conviction.
Methamphetamine over 5 g — with three or more indicators (Class 2 felony) Possibly — unconfirmed
- Imprisonment
- 0–25 years
- Fine
- $0–$50,000
Distribution of a Schedule I / II substance to a minor (Class 2 felony, reported) Possibly — unconfirmed
- Imprisonment
- 0–25 years
- Fine
- $0–$50,000
Mandatory minimums apply to the enhanced tiers (see notes). Distribution within 1,000 feet of a school carries an enhanced penalty under § 22-42-19. Marijuana distribution tiers under § 22-42-7 were not fully verified in this session.
Weapons
Weapons offences Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
Possession of a firearm by a person convicted of a crime of violence or certain drug felonies (Class 6 felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$4,000
Bar lifts 15 years after discharge (violent crime) or 5 years (drug-possession felony).
Possession of a firearm by a person convicted of a misdemeanour involving domestic violence, within 1 year of conviction (Class 1 misdemeanor, reported) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,000
South Dakota is a permitless-carry state: anyone 18+ who may lawfully possess a firearm may carry openly or concealed without a permit. Commission of a felony while armed (§ 22-14-12) is a Class 2 felony (reported).
Traffic & transport
DUI / drink driving Possibly — unconfirmed
Reported range, not yet confirmed against official text. Do not rely on this — awaiting confirmation.
Statutory range — reported, not yet confirmed
DUI — 1st offence (Class 1 misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,000
Licence revocation 30 days to 1 year.
DUI — 2nd offence within 10 years (Class 1 misdemeanor) Possibly — unconfirmed
- Imprisonment
- 0–1 year
- Fine
- $0–$2,000
Licence revocation minimum 1 year.
DUI — 3rd or subsequent offence within 10 years (Class 6 felony) Possibly — unconfirmed
- Imprisonment
- 0–2 years
- Fine
- $0–$4,000
Felony; licence revocation after jail.
10-year lookback for priors. A BAC of 0.17 or higher on a first offence triggers a mandatory chemical-dependency evaluation. Vehicular homicide is a Class 3 felony (reported).
Cyber & digital
Cybercrime / hacking Verification pending
No reliable figure exists yet for this entry. No figure is shown.
UNVERIFIED: the penalty tiers of § 43-43B-3 (penalties for unlawful use of computer systems) could not be retrieved from any source in this session. The conduct offence (§ 43-43B-1, unlawful use of a computer system / software / data) exists, but no penalty range is stated here because it was not verified. Official re-check required.