South Dakota Criminal Laws: Felony and Misdemeanor Classes, Theft, Self-Defense and Bail

South Dakota grades felonies as Class A, B, C, 1, 2, 3, 4, 5 and 6. Maximum penalties: Class A felony, death or life imprisonment in a state correctional facility (a lesser sentence than death or life may not be given); Class B felony, life imprisonment (a lesser sentence may not be given); Class C felony, life imprisonment; Class 1 felony, fifty years; Class 2 felony, twenty-five years; Class 3 felony, fifteen years; Class 4 felony, ten years; Class 5 felony, five years; Class 6 felony, two years imprisonment or a fine of four thousand dollars, or both. Fines that may be added: up to $50,000 for Class A, B, C, 1 and 2; up to $30,000 for Class 3; up to $20,000 for Class 4; up to $10,000 for Class 5. Different rules apply to defendants under eighteen convicted of Class A, B or C felonies, and habitual-offender enhancements are preserved.

Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both. Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both. The court must also order restitution to any victim. For statutes outside certain listed titles, an act prohibited by statute with no penalty stated is a Class 2 misdemeanor.

Theft becomes a felony above $1,000. Tiers: four hundred dollars or less, petty theft in the second degree (Class 2 misdemeanor); exceeds four hundred dollars but does not exceed one thousand dollars, petty theft in the first degree (Class 1 misdemeanor); exceeds one thousand dollars but is less than or equal to two thousand five hundred dollars, grand theft, Class 6 felony (as is theft of a firearm, of property taken from the person of another, or of livestock valued at $2,500 or less); more than $2,500 but not more than $5,000, Class 5 felony; more than $5,000 but not more than $100,000, Class 4 felony; more than $100,000 but not more than $500,000, Class 3 felony; exceeds five hundred thousand dollars, aggravated grand theft, Class 2 felony.

Stand your ground. A person is justified in using or threatening to use deadly force if the person reasonably believes it is necessary to prevent imminent death or great bodily harm to the person or another, or to prevent the imminent commission of a forcible felony. A person acting under this section has no duty to retreat and may stand his or her ground if the person is not engaged in a criminal activity and is in a place where the person has a right to be. A person using non-deadly force in self-defense against imminent unlawful force likewise has no duty to retreat.

A person lawfully in his or her dwelling or residence has no duty to retreat and may use or threaten force reasonably believed necessary to defend against imminent unlawful force, and deadly force reasonably believed necessary to prevent imminent death or great bodily harm or the imminent commission of a forcible felony. A reasonable fear of imminent peril of death or great bodily harm is presumed when the person against whom force is used was in the process of unlawfully entering, or had unlawfully entered, a dwelling, residence, or occupied vehicle, or was removing or attempting to remove another person against that person's will from it, and the person using force knew or had reason to believe this was occurring or had occurred. The presumption does not apply if the person against whom force is used has the right to be there or is a lawful resident (such as an owner, lessee, or titleholder) and is not subject to a protection order; if the person being removed is a child or grandchild of, or in the lawful custody or guardianship of, the person against whom force is used; if the person using force is engaged in criminal activity or using the place to further it; or if the person against whom force is used is a law enforcement officer performing official duties who identified himself or whom the person knew or reasonably should have known was an officer. Immunity: a person who uses or threatens force as permitted by §§ 22-18-4 to 22-18-4.7 is immune from criminal prosecution (including arrest, detention, charging and prosecution) and from civil action by the person against whom force was used or that person's heirs or representatives, except against an on-duty law enforcement officer as described; a court finding a defendant immune in a civil action shall award reasonable attorney's fees, court costs, compensation for loss of income, and expenses. Once a defendant makes a prima facie claim of self-defense immunity in a criminal case, the party seeking to overcome it must do so by clear and convincing evidence.

There is no limitation on the time within which a prosecution for a Class A, Class B, or Class C felony must be commenced. Otherwise, a prosecution for a public offense (and quasi-criminal or penal proceedings) shall be commenced within seven years after the commission of the offense or crime, except as provided in § 23A-42-3. For rape: no limitation for rape of a victim under thirteen or rape by force or threats (subdivisions (1) and (2) of § 22-22-1); other rape charges may be commenced before the victim turns twenty-five or within seven years of the offense, whichever is longer.

Except for a defendant charged with an offense punishable by death or one currently released on a personal recognizance bond, a defendant shall, at his appearance before a committing magistrate or court, be ordered released pending trial on personal recognizance or on an unsecured appearance bond in an amount set by the court, unless the court in its discretion finds that release would not reasonably assure the defendant's appearance or that the defendant may pose a danger to another person or the community. In determining conditions of release, the magistrate or court considers the nature and circumstances of the offense, the weight of the evidence, family ties, employment, financial resources, character and mental condition (including any mental health assessment), length of residence in the community, record of convictions, record of appearance at court proceedings or of flight or failure to appear, and the risk of flight or danger to any person or the community.

If it is satisfactorily shown that a defendant or detained person does not have sufficient money, credit, or property to employ counsel and pay the necessary expenses of representation, a circuit court judge or magistrate shall, upon the person's request, assign counsel at any time after arrest or after detention begins. This applies in criminal investigations and actions, proceedings to revoke a suspended sentence or probation, and final parole revocation proceedings. The person must certify the facts about his or her ability to pay, in writing or other recorded form as the court prescribes, subject to the penalties for perjury.

16. Sexual penetration with a victim under thirteen years of age is rape in the first degree (Class C felony). Sexual penetration with a victim who is thirteen years of age but less than sixteen years of age is rape in the fourth degree (Class 3 felony) when the perpetrator is at least three years older than the victim; this three-year age difference operates as the close-in-age provision.

Adult-use possession is a crime; a medical cannabis program exists. No person may knowingly possess marijuana. Possessing two ounces of marijuana or less is a Class 1 misdemeanor; more than two ounces but less than one-half pound is a Class 6 felony; one-half pound to less than one pound, Class 5 felony; one pound to ten pounds, Class 4 felony; more than ten pounds, Class 3 felony. A civil penalty of up to $10,000 may also be imposed. Medical program: a registered cardholder's allowable amount is three ounces of cannabis or less and, with a registry card allowing cultivation, two flowering cannabis plants and two cannabis plants that are not flowering.

Simple assault (attempting to cause bodily injury with the actual ability to do so, recklessly causing bodily injury, negligently causing bodily injury with a dangerous weapon, trying by physical menace or credible threat to put someone in fear of imminent bodily harm, or intentionally causing bodily injury that is not serious) is a Class 1 misdemeanor, punishable by up to one year in county jail, a $2,000 fine, or both. With two or more prior assault convictions within ten years, a third offense is a Class 6 felony (up to two years), a fourth a Class 5 felony (up to five years), and a fifth or later a Class 4 felony (up to ten years). Aggravated assault (attempting or causing serious bodily injury with extreme indifference to human life, attempting or knowingly causing bodily injury with a dangerous weapon, threatening someone with a deadly weapon or a realistic imitation, or choking/strangling to cause fear of death or serious harm) is a Class 3 felony, punishable by up to fifteen years and a $30,000 fine.

South Dakota has no separate battery offense; physical attacks that cause or attempt bodily injury are charged as simple assault (a Class 1 misdemeanor) or aggravated assault (a Class 3 felony) under the assault statutes.

South Dakota charges assault on a family or household member under the regular assault statutes, and the prosecutor must mark the complaint, warrant and judgment to show the charge involves domestic abuse. Domestic abuse covers physical harm, bodily injury or attempts to cause them, or causing fear of imminent harm, between spouses or former spouses, people in a significant romantic relationship now or in the past twelve months, people who have or are expecting a child together, parents and children, and siblings. A third simple assault within ten years is a Class 6 felony (up to two years), rising to a Class 4 felony for a fifth or later offense. Choking or strangling someone (restricting breathing or blood flow by pressure on the throat or neck, or covering the nose and mouth) to cause fear of death or serious harm is aggravated assault, a Class 3 felony punishable by up to fifteen years.

South Dakota charges shoplifting as theft. Taking property worth $400 or less is petty theft in the second degree, a Class 2 misdemeanor (up to thirty days in county jail, a $500 fine, or both), and more than $400 up to $1,000 is petty theft in the first degree, a Class 1 misdemeanor (up to one year, $2,000). The theft grading statutes contain no rule raising repeat petty theft to a felony. Under the civil shoplifting statute, a person who takes merchandise displayed for sale without paying is liable to the store for the retail value of the merchandise plus a penalty of four times the retail value or $100, whichever is greater.

Burglary is entering or remaining in a structure, not open to the public and without permission, intending to commit any crime there. Third degree burglary (an unoccupied structure other than a motor vehicle) is a Class 5 felony (up to five years); second degree burglary (an occupied structure) is a Class 3 felony (up to fifteen years); first degree burglary (an occupied structure where the offender causes, attempts or threatens physical harm, is armed with a dangerous weapon, or the offense occurs at night) is a Class 2 felony (up to twenty-five years). Robbery is intentionally taking personal property, regardless of value, from another person or their immediate presence against their will by force or fear of force. Robbery with a dangerous weapon or an object simulating one is first degree robbery, a Class 2 felony (up to twenty-five years); robbery accomplished in any other manner is second degree robbery, a Class 4 felony (up to ten years).

Vandalism is called intentional damage to property in South Dakota: intentionally injuring, damaging or destroying public property without consent, or private property in which another person has an interest without that person's consent. Damage of $400 or less is a Class 2 misdemeanor (up to thirty days); more than $400 up to $1,000 is a Class 1 misdemeanor (up to one year); more than $1,000 up to $2,500 is a Class 6 felony (up to two years); more than $2,500 up to $5,000 is a Class 5 felony; more than $5,000 up to $100,000 is a Class 4 felony; more than $100,000 up to $500,000 is a Class 3 felony; and more than $500,000 is aggravated intentional damage to property, a Class 2 felony.

Knowingly entering or remaining, without privilege, on property where notice against trespass was given (by telling the person directly, by posting signs, or by fencing designed to keep out trespassers) is a Class 2 misdemeanor (up to thirty days, $500). It becomes criminal trespass, a Class 1 misdemeanor (up to one year, $2,000), if the person defies an order to leave personally communicated by the owner or another authorized person. Knowingly and secretly entering or remaining in any building or structure, or entering a critical infrastructure facility, without privilege is also criminal trespass, a Class 1 misdemeanor.

Knowingly possessing a controlled substance without a prescription is a Class 5 felony (up to five years, $10,000) for a Schedule I or II drug and a Class 6 felony (up to two years, $4,000) for a Schedule III or IV drug; the statute sets no minimum amount. Intentionally ingesting, inhaling or otherwise taking a controlled substance into the body to become intoxicated (other than alcohol or a prescribed substance) is a Class 1 misdemeanor. Using or possessing drug paraphernalia with intent to use it is a Class 2 misdemeanor (up to thirty days, $500). For a first-time felony defendant, the court may, with the defendant's consent and without entering a judgment of guilt, suspend imposition of sentence and place the person on probation; it is available only once.

A driver in a crash involving injury, death or property damage must stop and give their name and address, the owner's name and the vehicle's license number. Failing to stop and comply after a crash that injures or kills someone is a Class 6 felony (up to two years and a $4,000 fine), and the Department of Revenue must revoke the person's registration. Failing to stop and give information after a crash that damages only property (or to leave the information on an unattended vehicle or with the property owner or police) is a Class 1 misdemeanor (up to one year, $2,000).

Reckless driving is driving on a highway, alley, public park, recreational area, or school or university property carelessly and heedlessly in disregard of the rights or safety of others, or without due caution and at a speed or in a manner that endangers or is likely to endanger any person or property. It is a Class 1 misdemeanor, punishable by up to one year in county jail, a $2,000 fine, or both.

Stalking is willfully, maliciously and repeatedly following or harassing someone, making a credible threat intended to put them in reasonable fear of death or great bodily injury, or willfully, maliciously and repeatedly harassing someone by verbal, electronic, digital media, mechanical, telegraphic or written communication. Stalking is a Class 1 misdemeanor (up to one year), and a second or later conviction within ten years is a Class 6 felony (up to two years). Stalking while a restraining order, protection order or no-contact order against the same conduct is in effect is also a Class 6 felony. Using a phone or other electronic communication device to contact someone with intent to terrorize, intimidate, threaten, harass or annoy them, or with repeated anonymous calls, is a Class 1 misdemeanor.

Intentionally preventing or trying to prevent a law enforcement officer from arresting oneself or another person, by using or threatening force or violence or by other means creating a substantial risk of physical injury, is resisting arrest, a Class 1 misdemeanor (up to one year, $2,000). A driver who intentionally fails to stop at an officer's signal commits a Class 2 misdemeanor. Then fleeing or trying to elude the pursuing officer is third degree eluding, a Class 1 misdemeanor; it is second degree eluding, a Class 6 felony (up to two years), if the driving creates an inherent risk of death or serious bodily injury to a third person, and first degree eluding, a Class 4 felony (up to ten years), if the driver also causes serious bodily injury to another person.

In South Dakota, a person released on bail or other conditions who fails to appear in court as required forfeits any security posted and also commits a crime. If the release was on a felony charge (or the person fails to report to serve a jail or prison sentence), it is a Class 6 felony, punishable by up to two years in prison or a $4,000 fine, or both. If the release was on a misdemeanor charge, or as a material witness, it is a Class 1 misdemeanor (up to one year in county jail or a $2,000 fine, or both). The court's contempt powers are not affected.

A South Dakota court that grants probation or a suspended execution of sentence keeps jurisdiction to revoke it for violating its terms and conditions. For a first-time felony offender given a suspended imposition of sentence, the court may revoke the suspension at any time during probation and impose and execute sentence without credit for any of the probation period. When part of a prison sentence is suspended, the defendant is supervised by the Department of Corrections and the Board of Pardons and Paroles, and the board (not the court) has jurisdiction to revoke the suspended portion for violations; an entirely suspended prison sentence is generally supervised by the sentencing court.

Using or threatening violence, force, or physical interference to intentionally obstruct a law enforcement officer, jailer, firefighter, or emergency personnel is obstructing a law enforcement officer, a Class 1 misdemeanor (up to one year and/or $2,000). Witness tampering, injuring or threatening anyone, or offering a benefit, to get a witness to testify falsely, withhold evidence, dodge a subpoena, or skip a proceeding, or retaliating against someone for testifying or cooperating with police, is a Class 4 felony (up to ten years and $20,000). Threatening or intimidating a judge, juror, court services officer, or similar official to influence their duties is a Class 5 felony (up to five years).

Perjury in South Dakota is intentionally stating, under an oath lawfully administered in a state or federal proceeding, a material matter the person knows is false. The grade depends on where it happens: perjury in a felony trial is a Class 3 felony (up to fifteen years and $30,000); in any other trial, court proceeding, deposition, or administrative proceeding under oath it is a Class 5 felony (up to five years and $10,000); and in any other manner prohibited by law it is a Class 6 felony (up to two years).

South Dakota handles public drunkenness through protective custody rather than arrest. A person who appears intoxicated or incapacitated by alcohol or drugs and is clearly dangerous to themselves or others may be taken into protective custody by police and brought to an approved treatment facility for detoxification (or, if none is available, to an emergency medical service or jail only until no longer intoxicated). The statute says protective custody is not an arrest, and no record may be made indicating the person was arrested or charged with a crime.

Disorderly conduct in South Dakota is intentionally causing serious public inconvenience, annoyance, or alarm, or creating a risk of it, by fighting or violent or threatening behavior, making unreasonable noise, disturbing a lawful meeting, or obstructing traffic. It is a Class 2 misdemeanor (up to thirty days in county jail or a $500 fine, or both). A fourth or later offense within ten years is a Class 1 misdemeanor (up to one year or $2,000, or both).

In South Dakota, exposing one's genitals in or in view of a public place with intent to arouse or gratify sexual desire, knowing it is likely to annoy, offend, or alarm others, is indecent exposure, a Class 1 misdemeanor (up to one year and/or $2,000). It becomes a Class 6 felony on a third or later conviction, or if the person has a prior felony conviction for certain sex offenses. Exposing one's anus or genitals in public without sexual intent, knowing it will likely offend, is public indecency, a Class 2 misdemeanor; sexual exposure in a private place where another person has a reasonable expectation of privacy, without consent, is private indecent exposure, a Class 1 misdemeanor. Exposure involving a child is a separate felony.

In South Dakota, a person 18 or older who engages in or offers to engage in sexual activity for a fee is guilty of prostitution, a Class 1 misdemeanor (up to one year and/or $2,000); compulsion is an affirmative defense. Hiring or attempting to hire someone for sexual activity (buying) is also a Class 1 misdemeanor, but becomes a Class 6 felony (up to two years) if the person has a conviction or guilty plea for hiring or for promoting prostitution within the previous ten years. Promoting prostitution is a separate felony.

South Dakota allows licensed gaming in the city of Deadwood (including sports wagering on the premises of licensed Deadwood gaming establishments), the state-run South Dakota Lottery (including video lottery machines in licensed bars and lounges), and bingo and small lotteries run by qualifying veterans, religious, charitable, civic and similar organizations under statutory conditions (for example, no bingo prize over two thousand dollars per play). Otherwise, placing or accepting a bet on a sporting event, gambling with cards, dice or devices, or keeping or renting out a place or equipment for gambling is a Class 2 misdemeanor (up to thirty days and/or $500).

South Dakota treats embezzlement as theft: a person entrusted with another's property who, with intent to defraud, uses it for a purpose outside that trust is guilty of theft, and no separate act of taking is needed. It is graded by value like other theft: $400 or less is a Class 2 misdemeanor; over $400 up to $1,000 is a Class 1 misdemeanor; over $1,000 up to $2,500 is a Class 6 felony; over $2,500 up to $5,000 is a Class 5 felony; over $5,000 up to $100,000 is a Class 4 felony; over $100,000 up to $500,000 is a Class 3 felony; and over $500,000 is aggravated grand theft, a Class 2 felony (up to twenty-five years).

Identity theft in South Dakota is obtaining, possessing, transferring, using, or recording someone else's identifying information, or using it to access their financial resources, without permission and with intent to deceive or defraud. It is a Class 6 felony (up to two years in prison or a $4,000 fine, or both). Using a credit or debit card issued to someone else without consent, or a revoked, expired, or counterfeit card, to obtain property or services is charged as theft and graded by the value obtained.

Forgery in South Dakota is, with intent to defraud, falsely making, completing, or altering any written instrument, or passing any forged instrument. It is a Class 5 felony (up to five years in prison and a $10,000 fine). Knowingly passing a check without sufficient funds, with intent to defraud, is theft by insufficient funds check, graded as theft by the face amount of the check (checks within thirty days may be added together).

South Dakota charges blackmail and extortion as theft by threat: obtaining someone's property by threatening to injure anyone or commit a crime, accuse anyone of a crime, expose a secret that would bring hatred, contempt, or ridicule or harm someone's credit or business reputation, misuse official action, or inflict other harm. It is graded by the value of the property obtained, like other theft (for example, a Class 6 felony for more than $1,000 up to $2,500).

First-degree murder is a killing without authority of law with a premeditated design to cause the death of the person killed or any other human being (including an unborn child), or a killing during an arson, rape, robbery, burglary, kidnapping or unlawful use of a destructive device or explosive (felony murder), including killing a victim of those crimes to avoid detection. It is a Class A felony, punished by death or life in prison (no lesser sentence). Second-degree murder is a killing by an act imminently dangerous to others showing a depraved mind, without premeditated design; it is a Class B felony with a mandatory life sentence.

First-degree manslaughter (Class C felony, up to life) is a killing without design to cause death during a felony other than those that make it murder, in the heat of passion but in a cruel and unusual manner, by means of a dangerous weapon, or unnecessarily while resisting a crime or after the attempt failed. Second-degree manslaughter is any other reckless killing that is not murder or excusable or justifiable homicide; it is a Class 4 felony (up to 10 years). Vehicular homicide, causing a death by driving negligently while under the influence of alcohol or drugs, is a Class 3 felony (up to 15 years) with a license revocation of at least ten years.

Abusing, exposing, torturing, tormenting or cruelly punishing a minor (short of aggravated assault) is a Class 4 felony (up to 10 years), or a Class 3 felony (up to 15 years) if the child is under seven; a convicted parent must take parenting instruction. A parent, guardian or custodian who knowingly permits physical or sexual abuse of a child commits a Class 6 felony (up to 2 years). Knowingly causing a child to be present where methamphetamine is used, sold or made is a Class 1 misdemeanor. Any person who causes, encourages or contributes to the abuse, neglect or delinquency of a child (contributing to delinquency) commits a Class 1 misdemeanor (up to one year and/or $2,000).

First-degree arson is starting a fire or explosion intending to destroy an occupied structure of another (any structure, vehicle or place adapted for overnight accommodation or for carrying on business, whether or not anyone is present); it is a Class 2 felony (up to 25 years). Second-degree arson is starting a fire or explosion intending to destroy an unoccupied structure of another, or to destroy or damage any property (one's own or another's) to collect insurance; it is a Class 4 felony (up to 10 years). Intentionally starting a fire or explosion that recklessly endangers a person or another's building or occupied structure is reckless burning or exploding, also a Class 4 felony. Failing to control or report a dangerous fire one has a duty to fight or started is a Class 1 misdemeanor.

A person who owns or is responsible for an animal and neglects, abandons or mistreats it commits a Class 1 misdemeanor (up to one year and/or $2,000). Subjecting an animal to cruelty, defined as intentionally, willfully and maliciously inflicting gross physical abuse that causes prolonged pain or serious physical injury or results in the animal's death, is a Class 6 felony (up to two years and/or $4,000). Neglected, mistreated or cruelly treated animals may be impounded, with the cost of care a lien. The cruelty statutes read do not set a ban on future animal ownership.

Yes. Without the person's consent or knowledge, and with intent to self-gratify or to alarm, annoy, embarrass, harass, invade privacy, threaten or cause harm, it is a crime to disseminate, distribute, sell or use a photo or recording of someone nude, under or through clothing, or in a sexual act, and to create or share realistic digitally fabricated nude or sexual images of an identifiable person. Sharing a real image is a Class 1 misdemeanor (up to one year and/or $2,000), or a Class 6 felony (up to two years) if the victim is 17 or younger and the offender 21 or older, or for any later violation. Creating or sharing a digitally fabricated image is a Class 5 felony (up to five years).

Using a phone or other electronic communication device to contact someone with intent to terrorize, intimidate, threaten, harass or annoy them with obscene or lewd language, to threaten physical harm, to extort, or to disturb them with repeated anonymous calls is a Class 1 misdemeanor (up to one year and/or $2,000). School law defines bullying to include threatening use of data or computer software and written communication directed at students, and requires every school district to adopt a bullying policy; that law sets no criminal penalty.

South Dakota has a juvenile sexting offense. A minor who intentionally creates, sends, posts, exchanges or possesses, through a computer or digital media, an image of a minor nude or engaged in a prohibited sexual act commits juvenile sexting, a Class 1 misdemeanor; it is no defense that the image is of the minor charged. It is an affirmative defense that the minor did not ask for the image, did not pass it on, and deleted it within a reasonable time, or that the image is of a single minor who made it and did not send it to anyone.

Human trafficking is knowingly recruiting, enticing, harboring, transporting, providing, purchasing, advertising, maintaining, soliciting or obtaining a person knowing that force, fraud or coercion will be used to make them engage in a commercial sex act, forced labor or involuntary servitude, or benefiting from such a venture; when the victim is under 18, force, fraud or coercion is not required. First-degree trafficking (sex trafficking by force, fraud or coercion, any victim under 18, or a victim's death) is a Class 2 felony with a mandatory minimum of fifteen (15) years (twenty (20) years for a repeat offense). Second-degree trafficking (forced labor or involuntary servitude) is a Class 3 felony with a mandatory minimum of five (5) years (ten (10) years for a repeat offense). A minor's or parent's consent and mistake as to age are not defenses.

In business and residential districts, drivers must yield to pedestrians in marked crosswalks and regular crossings at the end of a block (except where traffic is controlled by officers or signals), but a pedestrian may not suddenly step into the path of a vehicle too close to stop. At signal-controlled intersections, drivers must yield to pedestrians crossing on a green or go signal, and otherwise pedestrians must yield to vehicles going straight on a green; a pedestrian violation is a petty offense. A pedestrian crossing a highway in a business or residential district other than at a crossing, crosswalk or intersection must yield to vehicles ('jaywalking'), also a petty offense. Local governments may by ordinance bar crossing against a red signal and require crosswalk use between controlled intersections.

Any person occupying a motor vehicle on a public highway or its right of way (driver or passenger) commits a Class 2 misdemeanor (up to 30 days and/or $500) by drinking alcohol or possessing an alcoholic beverage container whose original seal is broken, unless it is removed from the passenger area so that no occupant can reach it. It is not a violation if the beverage is in a locked glove compartment, behind the last upright seat of a vehicle without a trunk or in an area not normally occupied, or held by a passenger in a licensed carrier (though the carrier's driver may not have an open container in the driver compartment).

It is a Class 2 misdemeanor (up to 30 days and/or $500) for anyone under 21 to buy, attempt to buy, possess or consume alcoholic beverages (except in a religious ceremony or as otherwise allowed), or to misrepresent their age with any document to buy alcohol from a licensee. For a first offense the court may suspend the person's driving privileges for 30 days to one year (60 days to one year for a later offense), with possible work or school driving permits.

Driving on a public highway while your driving privilege is revoked is a Class 1 misdemeanor (up to one year in county jail and/or $2,000); driving while it is suspended or canceled is a Class 2 misdemeanor (up to 30 days and/or $500). The statute does not set separate penalties for repeat offenses.

Driving a motor vehicle on a highway without a valid driver license (unless exempt, for example certain farm tractor use) is a Class 2 misdemeanor (up to 30 days and/or $500). A licensed driver must have the license in immediate possession while driving and show it on demand of a judge, magistrate, peace officer or Department of Public Safety inspector; failing to do so is a petty offense.

The South Dakota weapons statutes read do not ban switchblade or other knife types and set no blade-length limit; the 'controlled weapons' ban covers items such as machine guns and silencers, not knives. Concealing a dangerous weapon on or about one's person with intent to commit a felony is a Class 5 felony (up to five years). Intentionally carrying or possessing any dangerous weapon on public elementary or secondary school premises, vehicles or buildings is a Class 1 misdemeanor, and knowingly possessing a dangerous weapon in a county courthouse or the state capitol is also a Class 1 misdemeanor (up to one year and/or $2,000), with listed exceptions.

Consumer fireworks listed in Chapter 3 of APA Standard 87-1 (2001) that meet federal labeling rules are legal; possessing, selling or using any other fireworks is a Class 1 misdemeanor. Consumer fireworks may be used only from June 27 through the first Sunday after July 4 and from December 28 through January 1; use outside those periods is a Class 2 misdemeanor, though novelties, non-flying smoke effects and single-shot parachutes without flares are allowed all year. Fireworks may not be used within 300 feet of a fireworks stand (Class 1 misdemeanor), and may not be sold or used in the Black Hills Forest Fire Protection District, national or state forests and parks, or Game, Fish and Parks land without authorization (Class 2 misdemeanor). Sellers must be 18 or older, and counties may restrict use outside cities when grassland fire danger is extreme.

First-degree kidnapping is unlawfully removing someone from their home or workplace, moving them a substantial distance, or confining them for a substantial time, in order to hold them for ransom or as a shield or hostage, to commit a felony or escape, to injure or terrorize them, to interfere with a government function, or to take and hide a child under 14; it is a Class C felony (up to life), or a Class B felony (life) as aggravated kidnapping if the victim suffers serious bodily injury. Unlawfully holding or keeping someone for the same purposes is second-degree kidnapping, a Class 3 felony (up to 15 years), or a Class 1 felony (up to 50 years) with serious bodily injury. False imprisonment (knowingly restraining someone so as to substantially interfere with their liberty) is a Class 1 misdemeanor (up to 1 year).

South Dakota treats a threat of violence as assault: trying by physical menace or a credible threat to put another person in fear of imminent bodily harm (whether or not the person could actually carry it out) is simple assault, a Class 1 misdemeanor (up to 1 year and/or $2,000). A third simple or aggravated assault conviction within ten years is a Class 6 felony, a fourth a Class 5 felony, and a fifth or later a Class 4 felony. Threats against judicial officers, jurors, law enforcement officers and elected officials are separate offenses in the obstruction chapter.

Stealing a vehicle is theft graded by the vehicle's value under the general theft tiers (for example, more than $1,000 up to $2,500 is grand theft, a Class 6 felony; more than $2,500 up to $5,000 a Class 5 felony; more than $5,000 up to $100,000 a Class 4 felony). Driving or operating someone else's motor vehicle or boat without the owner's consent but without intent to deprive the owner of it (joyriding) is a Class 1 misdemeanor (up to 1 year and/or $2,000).

Receiving, keeping or disposing of someone else's property knowing it was stolen, or believing it was probably stolen (unless intending to return it to the owner), is theft, graded by value: $400 or less is petty theft in the second degree (Class 2 misdemeanor); over $400 to $1,000 petty theft in the first degree (Class 1 misdemeanor); over $1,000 to $2,500 grand theft, a Class 6 felony (up to 2 years); over $2,500 to $5,000 a Class 5 felony; over $5,000 to $100,000 a Class 4 felony; over $100,000 to $500,000 a Class 3 felony; and over $500,000 aggravated grand theft, a Class 2 felony (up to 25 years). Related thefts may be aggregated to set the degree.

Manufacturing, distributing or possessing with intent to distribute a Schedule I or II drug is a Class 4 felony (up to 10 years) with a mandatory, non-suspendable sentence of at least 1 year for a first conviction and at least 10 years for a second; it rises to a Class 3 felony if three or more aggravating factors are present (such as $300 or more in cash, a weapon, packaging materials, a pill press, or customer lists) and to a Class 2 felony (up to 25 years) for 4 milligrams or more of fentanyl (mandatory minimum 3 years, or 10 years at 14 milligrams or more) or for distribution to a minor (minimum 5 years). Distributing a drug that causes a death is a Class 2 felony, or Class 1 in aggravated cases. Marijuana distribution is graded by amount, from a Class 1 misdemeanor (under half an ounce without payment) up to a Class 3 felony for one pound or more, with mandatory jail terms of at least 30 days for a first felony conviction.

Knowingly getting possession of a controlled drug or substance by theft, misrepresentation, forgery, fraud, deception or subterfuge (for example with a forged prescription) is a Class 4 felony, punishable by up to 10 years in prison and a fine of up to $20,000. The statute does not separately name 'doctor shopping.'

Vehicular battery is negligently driving any motor vehicle while under the influence of alcohol or drugs (as prohibited by the DUI statute) and thereby causing serious bodily injury to another person, including an unborn child. It is a Class 4 felony (up to 10 years and $20,000), and the court must also revoke the driver's license for at least three years from sentencing or from release from prison, whichever is later.

Driving on a public highway in a race, speed or acceleration contest, exhibition of speed, or speed-record attempt, or participating in one, is a Class 2 misdemeanor (up to 30 days and/or $500), and the court may revoke the license for up to 30 days. If the race is organized or results from accepting another driver's challenge, it is a Class 1 misdemeanor (up to 1 year and/or $2,000) with a mandatory 18-month license revocation (a restricted work/school permit is possible). Coordinating, facilitating or collecting money for a race, drag race, exhibition of speed, stunt driving (burnouts, doughnuts, drifting, wheelies) or a 'street takeover' is a Class 6 felony (up to 2 years). These provisions took effect in 2025 and include a civil enforcement and lien provision against vehicles.

Operating a boat underway on public waters with a blood alcohol content of 0.08 percent or more, or while under the influence of alcohol, marijuana, an illegally obtained controlled substance, or a prescription drug or other substance to a degree that makes safe operation impossible, is a Class 1 misdemeanor (up to 1 year in jail and/or a $2,000 fine). A BAC of 0.05 percent or less creates a presumption of not being under the influence of alcohol, and 0.08 percent or more a presumption of being under the influence. Reckless or negligent boat operation is a separate Class 1 misdemeanor.

Fraudulent insurance acts include knowingly presenting or preparing a claim statement containing false, incomplete or misleading material information, issuing fake insurance cards or policies, an agent converting premium money, embezzling insurer funds, and falsely reporting a policyholder's death or disability. They are graded by amount: $400 or less is a Class 2 misdemeanor (up to 30 days); over $400 and under $1,000 a Class 1 misdemeanor (up to 1 year); $1,000 or more a Class 4 felony (up to 10 years and $20,000); other violations are Class 1 misdemeanors. A state insurance fraud prevention unit can investigate and prosecute.

Knowingly using or acquiring a SNAP (food stamp) EBT card to get benefits one is not entitled to, or selling or trading an EBT card for anything of value, is a Class 1 misdemeanor if the card value is $1,000 or less and a Class 6 felony (up to 2 years) if more, with amounts in one scheme within 12 months aggregated; misusing goods bought with SNAP benefits is a Class 1 misdemeanor. Getting unemployment benefits by misrepresentation is a Class 1 misdemeanor if the attempt fails or $200 or less is obtained, and a Class 6 felony above $200, with benefits over a 12-month period aggregated.

Giving or offering a bribe to a public officer or employee to influence any act, decision, vote or opinion within their responsibility is a Class 4 felony (up to 10 years and $20,000), and a public officer or employee who asks for, receives or agrees to receive a bribe for such influence is also guilty of a Class 4 felony. Bribing a legislator is likewise a Class 4 felony, and bribery of a judicial officer or juror carries forfeiture of office and disqualification.

South Dakota calls sexual assault 'rape' (an act of sexual penetration) in four degrees. Second-degree rape (by force, coercion or threats of great bodily harm) is a Class 1 felony (up to 50 years). Third-degree rape (with a victim unable to consent because of physical or mental incapacity, or because of drugs, alcohol or hypnosis, which the offender knew or should have known) is a Class 2 felony (up to 25 years). Fourth-degree rape (without the victim's consent when the offender knew or should have known it, or with a 13- to 15-year-old by someone at least three years older) is a Class 3 felony (up to 15 years). Unwanted sexual contact with an adult capable of consenting is a Class 1 misdemeanor (a Class 6 felony for a registered sex offender); for sex with a minor see the age-of-consent page.

Sexual penetration of a child under 13 is first-degree rape, a Class C felony punishable by up to life, with a 15-year mandatory minimum for an adult's first offense. Sexual contact with a child under 16 by a person 16 or older is a Class 3 felony (up to 15 years), with a 10-year mandatory minimum for an adult when the child is under 13; it is a Class 1 misdemeanor if the child is at least 13 and the actor is less than five years older. The court may depart from the mandatory minimums only by finding mitigating circumstances in writing.

Knowingly possessing an image of a minor (under 18) in a prohibited sexual act, or computer-generated child pornography (including images of a real child altered by computer or images made with artificial intelligence that are indistinguishable from a real minor), is a Class 4 felony (up to 10 years) with a mandatory minimum of 1 year (5 years for a repeat offense). Selling or distributing it is a Class 3 felony (up to 15 years) with a 5-year minimum (10 years for a repeat), and manufacturing it is a Class 2 felony (up to 25 years) with a 10-year minimum (20 years for a repeat). A court may depart from these minimums only with written findings of mitigating circumstances.

Yes. Solicitation of a minor (an adult soliciting a person under 18, or someone the adult reasonably believes is a minor, to engage in a prohibited sexual act, or compiling or sending a minor's identifying information by computer or other electronic means for that purpose) is a Class 4 felony (up to 10 years). The minor's or a parent's consent and mistake about age are not defenses, and an undercover officer's involvement is not a defense; the court must order a sex-offender assessment.

People convicted of a listed sex crime, and juveniles 14 or older adjudicated for rape, must register in person with the police chief or sheriff within three business days of coming into a county to live, stay, attend school or work, re-register every six months (in the birth month and six months later), and report a move in writing within three business days. The registry has three tiers: Tier I (certain young-offender statutory rape and contact cases, juvenile adjudications and similar) must register at least 5 years, Tier II (incest, bestiality) at least 25 years, and Tier III (everyone else) for life; Tier I and II registrants must petition a court for removal. Failure to register, re-register or report a move is a Class 6 felony (up to 2 years) for a first offense and a Class 5 felony (up to 5 years) for a second or later offense.

South Dakota's ban is narrower than all felonies: a person convicted in South Dakota or elsewhere of a crime of violence, or of listed felony drug offenses, may not possess or control a firearm (including antique and muzzle-loading guns). A violation is a Class 6 felony (up to 2 years). The ban does not apply to a person last discharged from prison, jail, probation or parole more than 15 years before the offense. A person convicted of a misdemeanor domestic violence crime may not possess a firearm for one year after conviction (Class 1 misdemeanor).

Unlawful use of a computer system is graded by the conduct. Simply accessing a computer system without the owner's consent is a Class 1 misdemeanor; unauthorized access that reaches confidential data, or copying information, defeating security controls or sharing passwords, is a Class 6 felony; disrupting or denying access to software or data is a Class 5 felony; disrupting access to a system or altering software or data is a Class 4 felony; destroying or disabling a system, software or data is a Class 3 felony (up to 15 years); and using a computer as part of a deception to obtain money, property or services is a Class 2 felony (up to 25 years).

South Dakota is a one-party consent state. It is a Class 5 felony (up to 5 years) to use an eavesdropping device to overhear or record a phone or other communication without the consent of either the sender or receiver, or an in-person conversation without the consent of a party to it, unless the person is a party. Secretly recording or listening to jury deliberations is also a Class 5 felony.

False reporting to authorities (knowingly reporting to police a crime or incident that did not happen, giving police information known to be false, or knowingly causing a false fire or other emergency alarm) is a Class 1 misdemeanor (up to 1 year, a $2,000 fine, or both). Falsely reporting a bomb, explosive, dangerous chemical, biological agent, poison or radioactive threat is a Class 6 felony (up to 2 years) with restitution for the costs caused.

Yes, as a separate crime. Malicious intimidation or harassment (causing physical injury, defacing, damaging or destroying property, or threatening those acts) with the specific intent to intimidate or harass someone because of race, ethnicity, religion, ancestry or national origin is a Class 6 felony (up to 2 years, a $4,000 fine, or both).

South Dakota still has parole, supervised by agents of the Board of Pardons and Paroles. Agents respond to each violation with graduated sanctions, from a written reprimand, treatment programs, extra drug testing or community service to house arrest or jail, up to a violation report asking the Board to return the parolee to prison. The Board's executive director may issue an order to show cause why parole should not be revoked, and if the Board finds a violation it may revoke parole and reinstate the original sentence (and deny credit for time on parole) or modify the conditions and restore parole. After revocation, the Board sets a new discretionary parole date no more than two years away.

Knowingly violating a domestic abuse protection order, temporary order, recognized out-of-state order or no-contact order is a Class 1 misdemeanor (up to 1 year, a $2,000 fine, or both). It is a Class 6 felony (up to 2 years) if the violation is also an assault or stalking. After two prior violations within 10 years, a third offense is a Class 6 felony, a fourth a Class 5 felony and a fifth or later a Class 4 felony (up to 10 years).

A youth 16 or older charged with a Class A, B, C, 1 or 2 felony is tried in adult circuit court, but may ask for a transfer hearing, where it is presumed to be in the public interest to try the youth as an adult. For other felonies, the court may transfer a delinquent child to adult court after a transfer hearing that considers whether keeping the case in juvenile court is contrary to the child's and the public's best interest, weighing the seriousness and violence of the offense, whether it was against persons, its prosecutive merit, the child's record, and the prospects for public protection and rehabilitation. Once a youth is transferred, later offenses during minority are also handled in adult court.

South Dakota has the death penalty. First-degree murder is a Class A felony, punishable by death or life imprisonment (no lesser sentence is allowed). In cases where death may be imposed, the judge or jury must consider mitigating circumstances and statutory aggravating circumstances, such as a prior Class A or B felony conviction, murder for money, or a murder that was especially vile, involving torture. The statute sets the method: intravenous injection of a lethal substance, carried out inside a state correctional facility.

In South Dakota, a person who is serving a sentence for a felony conviction (state or federal) is removed from the voter registration records and may not register; the voter registration form requires the applicant to certify they are not currently serving a felony sentence. According to the Secretary of State, eligibility returns upon completion of the sentence, and a person who receives a suspended imposition of sentence does not lose the right to vote. The person must register again.

A prison sentence suspends the right to hold or run for public office and to serve on a jury during the term; an inmate discharged from prison or parole is restored to the full rights of citizenship and receives a certificate of restoration from the Secretary of Corrections. People with a felony conviction cannot serve on a jury unless restored to civil rights. Voting is governed by the election laws and returns when the sentence is completed. A person convicted of a crime of violence or certain felony drug offenses may not possess a firearm (a Class 6 felony) until 15 years after last being discharged from prison, jail, probation or parole.

South Dakota's habitual offender law raises the class of a new felony based on prior felony convictions. With one or two prior felonies, the new felony is raised one class (but no higher than a Class C felony, which carries up to life). With three or more prior felonies including at least one crime of violence, the new felony is punished as a Class C felony. With three or more prior felonies none of which was violent, the new felony is raised two classes (capped at Class C), and the person remains eligible for parole if the sentence is less than life.

South Dakota bans intoxicating hemp-derived THC made by chemical conversion. Since 2024 it is a crime to chemically modify or convert hemp or CBD into delta-8, delta-9, delta-10 or any other THC isomer, or to sell or distribute hemp or a hemp product containing chemically derived cannabinoids; each is a Class 2 misdemeanor. The definition of a legal industrial hemp product (no more than 0.3% total delta-9 THC) expressly excludes products with chemically derived cannabinoids such as delta-8, delta-10, THC-O, HHC and THCP. Separately, selling any consumable product containing delta-8 THC, THCA, THC-O or HHC to someone under 21 is a Class 1 misdemeanor, and an under-21 buying or possessing one commits a Class 2 misdemeanor.

Psilocybin and psilocyn are Schedule I hallucinogens in South Dakota (except an FDA-approved crystalline psilocybin drug product), and the state has no legal psilocybin program in its controlled substances law. Knowingly possessing a Schedule I or II substance without a prescription is a Class 5 felony, punishable by up to 5 years in prison.

Kratom is legal for adults in South Dakota but regulated. Selling or giving a kratom product to anyone under 21, or an under-21 buying, possessing or using one, is a Class 2 misdemeanor. It is also a Class 2 misdemeanor to sell kratom products with more than 2% 7-hydroxymitragynine in the alkaloid fraction, with synthetic kratom alkaloids or harmful additives, or without labels showing serving size, mitragynine and 7-hydroxymitragynine content and a health warning.

Hemp-derived CBD products are legal in South Dakota if they qualify as industrial hemp products: finished products made from hemp with no more than 0.3% total delta-9 THC, and not containing chemically derived cannabinoids. THC that occurs in industrial hemp is excluded from Schedule I. Converting CBD into delta-8 or other THC isomers, or selling hemp products containing chemically derived cannabinoids, is a Class 2 misdemeanor. The definition of chemically derived cannabinoids does not include non-psychoactive cannabinoids or cannabinoids in a topical cream.

The minimum age to buy tobacco products, including vapor products, in South Dakota is 21. It is a Class 2 misdemeanor (up to 30 days and/or $500) to sell or give tobacco to anyone under 21, to buy it for them, or for a person under 21 to buy, try to buy, possess or use it. Reasonable reliance on proof of age is a complete defense for the seller.

South Dakota protects 'elders' (people 65 or older) and adults with disabilities. Physical abuse or neglect that does not amount to aggravated assault is a Class 6 felony (up to 2 years); emotional or psychological abuse by a caretaker (such as unreasonable confinement, threats or demeaning conduct) is a Class 1 misdemeanor. A caretaker entrusted with an elder's or disabled adult's property who misappropriates it with intent to defraud commits theft by exploitation, punished under the general theft grades by value.

South Dakota punishes secret recording as unlawful surveillance and 'prohibited recording.' Installing a hidden device to watch or record people in a private place without consent, or trespassing to spy on someone in a private place, is a Class 1 misdemeanor. Photographing or recording someone nude or under their clothing without consent (for self-gratification or to harass or embarrass), or sharing such images, is a Class 1 misdemeanor, but a Class 6 felony if the victim is 17 or younger and the offender is at least 21, or for any repeat offense. Creating or sharing digitally fabricated nude or sexual images of an identifiable person is a Class 5 felony.

In South Dakota, a simple assault on a law enforcement officer, firefighter, ambulance worker, Department of Corrections employee or contractor, or other public officer performing official duties is a Class 6 felony (up to 2 years), and an aggravated assault on them is a Class 2 felony (up to 25 years). The same penalties apply to assaults on health care facility staff during patient care. By comparison, simple assault on others is a Class 1 misdemeanor (up to 1 year), becoming a felony only on a third or later offense within 10 years.