Skip to main content
US Criminal Defense.org
Menu

South Dakota criminal charge

Conspiracy to commit offense in South Dakota

Current through 2026 South Dakota legislative session

Conspiracy to commit offense is a criminal offense under South Dakota law, defined by SDCL § 22-3-8. 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 § 22-3-8.

What is the penalty for conspiracy to commit offense in South Dakota?

Penalties for Conspiracy to commit offense
PenaltyRangeBasisAuthority
Jail / prisonup to 30 days (Conspiracy to commit offense (penalty one level below underlying crime) — This clause establishes that conspiring to commit a Class 2 misdemeanor or petty offense is not itself a crime, defining the lower boundary of conspiracy liability rather than imposing a classification.; county jail)discretionarySDCL § 22-6-2
Fineup to $500 (Conspiracy to commit offense (penalty one level below underlying crime) — This clause establishes that conspiring to commit a Class 2 misdemeanor or petty offense is not itself a crime, defining the lower boundary of conspiracy liability rather than imposing a classification.)discretionarySDCL § 22-6-2

Applies to current.

How is conspiracy to commit offense classified in South Dakota?

The classification depends on the circumstances:

Classification variants for Conspiracy to commit offense
VariantClassificationWhen it appliesStatute
Conspiracy to commit offense (penalty one level below underlying crime)Class 2 MisdemeanorThis clause establishes that conspiring to commit a Class 2 misdemeanor or petty offense is not itself a crime, defining the lower boundary of conspiracy liability rather than imposing a classification.SDCL § 22-3-8undefined

Common questions about conspiracy to commit offense in South Dakota

Is conspiracy to commit offense a felony or a misdemeanor in South Dakota?

Conspiracy to commit offense is a Class 2 Misdemeanor in South Dakota under SDCL § 22-3-8.

Conspiracy to commit offense (penalty one level below underlying crime): Class 2 Misdemeanor (SDCL § 22-3-8)

What are the penalties for conspiracy to commit offense in South Dakota?

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

Which South Dakota statute covers conspiracy to commit offense?

Conspiracy to commit offense is governed by SDCL § 22-3-8 (Conspiracy to commit offense--Punishment).

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.