South Dakota criminal charge
Abuse of or cruelty to minor as felony in South Dakota
Abuse of or cruelty to minor as felony is a criminal offense under South Dakota law, defined by SDCL § 26-10-1. Its classification is not fixed: South Dakota assigns a different penalty class depending on the circumstances of the offense. The class that applies — and the sentencing range that follows from it — depends on which statutory variant fits the facts.
Defined by SDCL § 26-10-1.
What is the penalty for abuse of or cruelty to minor as felony in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 years (Abuse/cruelty to minor - general — Applies when a person abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner not constituting aggravated assault.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $20,000 (Abuse/cruelty to minor - general — Applies when a person abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner not constituting aggravated assault.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 15 years (Abuse/cruelty to minor - victim under seven — Applies when the victim of the abuse or cruelty is less than seven years of age.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $30,000 (Abuse/cruelty to minor - victim under seven — Applies when the victim of the abuse or cruelty is less than seven years of age.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is abuse of or cruelty to minor as felony classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Abuse/cruelty to minor - general | Class 4 Felony | Applies when a person abuses, exposes, tortures, torments, or cruelly punishes a minor in a manner not constituting aggravated assault. | SDCL § 26-10-1undefined |
| Abuse/cruelty to minor - victim under seven | Class 3 Felony | Applies when the victim of the abuse or cruelty is less than seven years of age. | SDCL § 26-10-1undefined |
Common questions about abuse of or cruelty to minor as felony in South Dakota
Is abuse of or cruelty to minor as felony a felony or a misdemeanor in South Dakota?
It depends on the circumstances: abuse of or cruelty to minor as felony ranges from a Class 4 Felony to a Class 3 Felony in South Dakota under SDCL § 26-10-1.
Abuse/cruelty to minor - general: Class 4 Felony (SDCL § 26-10-1) · Abuse/cruelty to minor - victim under seven: Class 3 Felony (SDCL § 26-10-1)
What are the penalties for abuse of or cruelty to minor as felony in South Dakota?
Penalties for abuse of or cruelty to minor as felony in South Dakota depend on how it is classified — from a Class 4 Felony up to a Class 3 Felony — with the ranges set by SDCL § 22-6-1; the full table of ranges by variant is published on this page.
Which South Dakota statute covers abuse of or cruelty to minor as felony?
Abuse of or cruelty to minor as felony is governed by SDCL § 26-10-1 (Abuse of or cruelty to minor as felony--Reasonable force as defense--Limitation of action).
Legal terms used in this law
This reference is informational and is not legal advice. Penalty ranges are the statutory classification ranges; sentencing in a specific case depends on its facts and history.