Felony Theft Amount and Penalties in South Dakota

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.

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.