Penalty Info

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South Dakota State law

State law — South Dakota

0 verified · 15 possibly — unconfirmed · 1 verification pending

Offences by family

Against the person

Assault (aggravated) Possibly — unconfirmed

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
Note on this entry

Aggravated assault is a crime of violence for parole purposes. Strangulation (impeding breathing / circulation) is included in aggravated assault.

Statute
§ 22-18-1.1 SDCL (aggravated assault); § 22-18-1.05 SDCL (assault on officer / public officer)
Official source
South Dakota Legislature, SDCL ch. 22-18 (official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, victim status, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Assault (simple) Possibly — unconfirmed

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
Note on this entry

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).

Statute
§ 22-18-1 SDCL (simple assault); § 22-18-1.05 SDCL (assault on officer / public officer)
Official source
South Dakota Legislature, SDCL ch. 22-18 (official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, victim status, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Domestic violence Possibly — unconfirmed

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
Note on this entry

Domestic-abuse counselling is required on probation. Law enforcement must arrest on probable cause for domestic abuse (§ 25-10-36).

Statute
§ 22-18-1 SDCL (simple assault) with domestic-abuse classification; § 25-10-13 SDCL (violation of protection order)
Official source
FindLaw summary of South Dakota domestic-violence law (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Homicide — manslaughter Possibly — unconfirmed

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
Note on this entry

Second-degree manslaughter (§ 22-16-20) exists but its felony class was not verified in this session and is not presented here.

Statute
§ 22-16-15 SDCL (manslaughter — 1st degree); § 22-16-41 SDCL (vehicular homicide)
Official source
LegalClarity summary of SDCL ch. 22-16 (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, intent, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Homicide — murder Possibly — unconfirmed

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.

Note on this entry

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.

Statute
§ 22-16-4 SDCL (murder — 1st degree); § 22-16-7 SDCL (murder — 2nd degree)
Official source
FindLaw summary of SDCL § 22-16-4 (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, intent, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Sexual offences

Sexual assault / rape Possibly — unconfirmed

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
Note on this entry

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.

Statute
§ 22-22-1 SDCL (rape — degrees)
Official source
South Dakota Legislature, SDCL § 22-22-1 (official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Property

Burglary Possibly — unconfirmed

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
Note on this entry

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.

Statute
§ 22-32-1 SDCL (first degree burglary)
Official source
WomensLaw.org reproduction of SDCL § 22-32-1 (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, intent, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Robbery Possibly — unconfirmed

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
Note on this entry

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.

Statute
§ 22-33-1 SDCL (robbery — 1st degree); § 22-33-2 SDCL (robbery — 2nd degree)
Official source
SouthDakotaCourtRecords.us summary of SDCL ch. 22-33 (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, intent, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Theft Possibly — unconfirmed

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
Note on this entry

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.

Statute
§ 22-30A-17 SDCL (theft — degrees)
Official source
World Population Review felony-theft table, corroborated by US Legal Forms (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, aggregation, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Vandalism / criminal damage Possibly — unconfirmed

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
Note on this entry

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.

Statute
§ 22-34-1 SDCL (intentional damage to property)
Official source
South Dakota Legislature, Legislative Research Council fiscal impact for HB 1197 (official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, intent, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Fraud & financial

Fraud Possibly — unconfirmed

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
Note on this entry

Deceptive trade practices (§ 37-24-6) are also criminalised as a misdemeanour / felony (tiers not verified in this session).

Statute
§ 22-39-36 SDCL (forgery); § 22-40-8 SDCL (identity theft); § 58-4A-2 SDCL (fraudulent insurance acts)
Official source
ArkLegal.ai reproduction of SDCL § 22-39-36 (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, loss amount, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Drugs

Drug possession Possibly — unconfirmed

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
Note on this entry

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).

Statute
§ 22-42-5 SDCL (possession); § 22-42-6 SDCL (possession of marijuana)
Official source
Alvine Law Firm / LegalClarity summaries of SDCL ch. 22-42 (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Drug trafficking / sale Possibly — unconfirmed

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
Note on this entry

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.

Statute
§ 22-42-2 SDCL (manufacture / distribution / possession with intent — Schedules I / II); § 22-42-2.1 SDCL (methamphetamine)
Official source
LawServer mirror of SDCL § 22-42-2 (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, intent, plea, discretion, county variation. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Weapons

Weapons offences Possibly — unconfirmed

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
Note on this entry

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).

Statute
§ 22-14-15 SDCL (possession of firearm by one with prior violent-crime or certain drug conviction); § 22-14-15.1 SDCL (possession by one with prior drug-possession felony)
Official source
LegalClarity summary of SDCL §§ 22-14-15, 22-14-15.1 (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Traffic & transport

DUI / drink driving Possibly — unconfirmed

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.

Note on this entry

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).

Statute
§ 32-23-1 SDCL (DUI)
Official source
Enjuris summary of SDCL ch. 32-23 (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors beyond tier, BAC, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.

Cyber & digital

Cybercrime / hacking Verification pending

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.

Statute
§ 43-43B-1 SDCL (unlawful use of computer system); § 43-43B-3 SDCL (penalties)
Official source
Justia mirror of SDCL Title 43, ch. 43B (non-official)
Last verified
2026-10-19
Not legal advice. This range is the statutory penalty as written in the law — it is not “your sentence.” What is NOT accounted for here: Priors, loss amount, plea, discretion. If you face a real charge, consult a licensed lawyer in the relevant jurisdiction.