South Dakota criminal charge
Accessory to crime in South Dakota
Accessory to crime is a criminal offense under South Dakota law, defined by SDCL § 22-3-5. 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 § 22-3-5.
What is the penalty for accessory to crime in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (Accessory to crime (general) — Applies when a person renders assistance to another with intent to hinder, delay, or prevent discovery, apprehension, prosecution, conviction, or punishment for a felony, other than first or second degree murder.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (Accessory to crime (general) — Applies when a person renders assistance to another with intent to hinder, delay, or prevent discovery, apprehension, prosecution, conviction, or punishment for a felony, other than first or second degree murder.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 10 years (Accessory to murder (first or second degree) — Applies when the person is an accessory to the crime of murder in the first degree or murder in the second degree.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $20,000 (Accessory to murder (first or second degree) — Applies when the person is an accessory to the crime of murder in the first degree or murder in the second degree.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is accessory to crime classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Accessory to crime (general) | Class 5 Felony | Applies when a person renders assistance to another with intent to hinder, delay, or prevent discovery, apprehension, prosecution, conviction, or punishment for a felony, other than first or second degree murder. | SDCL § 22-3-5undefined |
| Accessory to murder (first or second degree) | Class 4 Felony | Applies when the person is an accessory to the crime of murder in the first degree or murder in the second degree. | SDCL § 22-3-5undefined |
Common questions about accessory to crime in South Dakota
Is accessory to crime a felony or a misdemeanor in South Dakota?
What are the penalties for accessory to crime in South Dakota?
Penalties for accessory to crime in South Dakota depend on how it is classified — from a Class 5 Felony up to a Class 4 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 accessory to crime?
Accessory to crime is governed by SDCL § 22-3-5 (Accessory to crime--Misdemeanor excepted--"Render assistance" defined--Penalty).
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.