South Dakota criminal charge

Branding of a minor prohibited in South Dakota

Current through 2026 South Dakota legislative session

Branding of a minor prohibited is a criminal offense under South Dakota law, defined by SDCL § 26-10-32. 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 § 26-10-32.

What is the penalty for branding of a minor prohibited in South Dakota?

Penalties for Branding of a minor prohibited
Penalty	Range	Basis	Authority
Jail / prison	up to 1 year (Branding of a minor - first offense — Applies to a first violation of the prohibition against branding a minor.; county jail)	discretionary	SDCL § 22-6-2
Fine	up to $2,000 (Branding of a minor - first offense — Applies to a first violation of the prohibition against branding a minor.)	discretionary	SDCL § 22-6-2
Jail / prison	up to 2 years (Branding of a minor - subsequent offense — Applies when the person has a second or subsequent violation of this section.)	discretionary	SDCL § 22-6-1
Fine	up to $4,000 (Branding of a minor - subsequent offense — Applies when the person has a second or subsequent violation of this section.)	discretionary	SDCL § 22-6-1

Applies to current.

How is branding of a minor prohibited classified in South Dakota?

The classification depends on the circumstances:

Classification variants for Branding of a minor prohibited
Variant	Classification	When it applies	Statute
Branding of a minor - first offense	Class 1 Misdemeanor	Applies to a first violation of the prohibition against branding a minor.	SDCL § 26-10-32undefined
Branding of a minor - subsequent offense	Class 6 Felony	Applies when the person has a second or subsequent violation of this section.	SDCL § 26-10-32undefined

Common questions about branding of a minor prohibited in South Dakota

Is branding of a minor prohibited a felony or a misdemeanor in South Dakota?

It depends on the circumstances: branding of a minor prohibited ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 26-10-32.

Branding of a minor - first offense: Class 1 Misdemeanor (SDCL § 26-10-32) · Branding of a minor - subsequent offense: Class 6 Felony (SDCL § 26-10-32)

What are the penalties for branding of a minor prohibited in South Dakota?

Penalties for branding of a minor prohibited in South Dakota depend on how it is classified — from a Class 1 Misdemeanor up to a Class 6 Felony — with the ranges set by SDCL § 22-6-2 and SDCL § 22-6-1; the full table of ranges by variant is published on this page.

Which South Dakota statute covers branding of a minor prohibited?

Branding of a minor prohibited is governed by SDCL § 26-10-32 (Branding of a minor prohibited--Violation as misdemeanor or 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.