South Dakota criminal charge
Bestiality in South Dakota
Bestiality is a criminal offense under South Dakota law, defined by SDCL § 22-22-42. 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 § 22-22-42.
What is the penalty for bestiality in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 2 years (Bestiality (first offense) — Applies when a person violates any provision of the bestiality statute and has no prior conviction for a sex crime under § 22-24B-1.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Bestiality (first offense) — Applies when a person violates any provision of the bestiality statute and has no prior conviction for a sex crime under § 22-24B-1.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 5 years (Bestiality (subsequent offense after prior sex crime conviction) — Applies when the person has a prior conviction for a sex crime under § 22-24B-1 and commits any subsequent violation of this bestiality statute.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (Bestiality (subsequent offense after prior sex crime conviction) — Applies when the person has a prior conviction for a sex crime under § 22-24B-1 and commits any subsequent violation of this bestiality statute.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is bestiality classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Bestiality (first offense) | Class 6 Felony | Applies when a person violates any provision of the bestiality statute and has no prior conviction for a sex crime under § 22-24B-1. | SDCL § 22-22-42undefined |
| Bestiality (subsequent offense after prior sex crime conviction) | Class 5 Felony | Applies when the person has a prior conviction for a sex crime under § 22-24B-1 and commits any subsequent violation of this bestiality statute. | SDCL § 22-22-42undefined |
Common questions about bestiality in South Dakota
Is bestiality a felony or a misdemeanor in South Dakota?
What are the penalties for bestiality in South Dakota?
Penalties for bestiality in South Dakota depend on how it is classified — from a Class 6 Felony up to a Class 5 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 bestiality?
Bestiality is governed by SDCL § 22-22-42 (Bestiality--Acts constituting--Commission a 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.