Three Strikes and Habitual Offender Laws in South Dakota
How South Dakota law treats three strikes and habitual offender laws, from the state code and official state agencies.
Short answer: South Dakota's habitual offender law raises the class of a new felony based on prior felony convictions. SDCL 22-7-7, 22-7-8, 22-7-8.1
| Three strikes and habitual offender laws | 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. Class C felony life; Class 2 felony up to 25 years; Class 5 felony up to 5 years; Class 6 felony up to 2 years and/or $4,000; Class 1 misdemeanor up to 1 year and/or $2,000; Class 2 misdemeanor up to 30 days and/or $500. Source: SDCL 22-7-7, 22-7-8, 22-7-8.1 |
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FAQ
Does South Dakota have a three strikes law?
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.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.