South Dakota criminal charge
Counterfeit lien as a misdemeanor in South Dakota
Counterfeit lien as a misdemeanor is a criminal offense under South Dakota law, defined by SDCL § 22-11-28. 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 § 22-11-28.
What is the penalty for counterfeit lien as a misdemeanor in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Counterfeit lien - first offense — Applies to a person's first conviction for offering a counterfeit lien for filing, registering, or recording in a public office.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Counterfeit lien - first offense — Applies to a person's first conviction for offering a counterfeit lien for filing, registering, or recording in a public office.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Counterfeit lien - second or subsequent offense — Applies when the person has a second or subsequent conviction for violating this section.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Counterfeit lien - second or subsequent offense — Applies when the person has a second or subsequent conviction for violating this section.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is counterfeit lien as a misdemeanor classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Counterfeit lien - first offense | Class 1 Misdemeanor | Applies to a person's first conviction for offering a counterfeit lien for filing, registering, or recording in a public office. | SDCL § 22-11-28undefined |
| Counterfeit lien - second or subsequent offense | Class 6 Felony | Applies when the person has a second or subsequent conviction for violating this section. | SDCL § 22-11-28undefined |
Common questions about counterfeit lien as a misdemeanor in South Dakota
Is counterfeit lien as a misdemeanor a felony or a misdemeanor in South Dakota?
It depends on the circumstances: counterfeit lien as a misdemeanor ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-11-28.
Counterfeit lien - first offense: Class 1 Misdemeanor (SDCL § 22-11-28) · Counterfeit lien - second or subsequent offense: Class 6 Felony (SDCL § 22-11-28)
What are the penalties for counterfeit lien as a misdemeanor in South Dakota?
Which South Dakota statute covers counterfeit lien as a misdemeanor?
Counterfeit lien as a misdemeanor is governed by SDCL § 22-11-28 (Counterfeit lien as a misdemeanor--Second offense 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.