South Dakota criminal charge
Aggravated battery of an infant in South Dakota
Aggravated battery of an infant is a criminal offense under South Dakota law, defined by SDCL § 22-18-1.4. 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 § 22-18-1.4.
What is the penalty for aggravated battery of an infant in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 25 years (Aggravated battery of an infant - first offense — Applies to a first violation of intentionally or recklessly causing serious bodily injury to an infant under three years old as described in the section.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $50,000 (Aggravated battery of an infant - first offense — Applies to a first violation of intentionally or recklessly causing serious bodily injury to an infant under three years old as described in the section.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 50 years (Aggravated battery of an infant - second or subsequent offense — Applies when the offender has a second or subsequent conviction under this section.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $50,000 (Aggravated battery of an infant - second or subsequent offense — Applies when the offender has a second or subsequent conviction under this section.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is aggravated battery of an infant classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Aggravated battery of an infant - first offense | Class 2 Felony | Applies to a first violation of intentionally or recklessly causing serious bodily injury to an infant under three years old as described in the section. | SDCL § 22-18-1.4undefined |
| Aggravated battery of an infant - second or subsequent offense | Class 1 Felony | Applies when the offender has a second or subsequent conviction under this section. | SDCL § 22-18-1.4undefined |
Common questions about aggravated battery of an infant in South Dakota
Is aggravated battery of an infant a felony or a misdemeanor in South Dakota?
It depends on the circumstances: aggravated battery of an infant ranges from a Class 2 Felony to a Class 1 Felony in South Dakota under SDCL § 22-18-1.4.
Aggravated battery of an infant - first offense: Class 2 Felony (SDCL § 22-18-1.4) · Aggravated battery of an infant - second or subsequent offense: Class 1 Felony (SDCL § 22-18-1.4)
What are the penalties for aggravated battery of an infant in South Dakota?
Penalties for aggravated battery of an infant in South Dakota depend on how it is classified — from a Class 2 Felony up to a Class 1 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 aggravated battery of an infant?
Aggravated battery of an infant is governed by SDCL § 22-18-1.4 (Aggravated battery of an infant--Felony).
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.