South Dakota criminal charge
Destruction or impairment of public record in South Dakota
Destruction or impairment of public record is a criminal offense under South Dakota law, defined by SDCL § 22-11-24. 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 § 22-11-24.
What is the penalty for destruction or impairment of public record in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 2 years (Destruction/impairment by general person — Applies when any person without authority knowingly and intentionally destroys, mutilates, conceals, removes, or impairs the availability of a public record.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Destruction/impairment by general person — Applies when any person without authority knowingly and intentionally destroys, mutilates, conceals, removes, or impairs the availability of a public record.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 5 years (Destruction/impairment by public officer or employee with custody — Applies when the violation is committed by a public officer or employee who has custody of the record.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (Destruction/impairment by public officer or employee with custody — Applies when the violation is committed by a public officer or employee who has custody of the record.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is destruction or impairment of public record classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Destruction/impairment by general person | Class 6 Felony | Applies when any person without authority knowingly and intentionally destroys, mutilates, conceals, removes, or impairs the availability of a public record. | SDCL § 22-11-24undefined |
| Destruction/impairment by public officer or employee with custody | Class 5 Felony | Applies when the violation is committed by a public officer or employee who has custody of the record. | SDCL § 22-11-24undefined |
Common questions about destruction or impairment of public record in South Dakota
Is destruction or impairment of public record a felony or a misdemeanor in South Dakota?
It depends on the circumstances: destruction or impairment of public record ranges from a Class 6 Felony to a Class 5 Felony in South Dakota under SDCL § 22-11-24.
Destruction/impairment by general person: Class 6 Felony (SDCL § 22-11-24) · Destruction/impairment by public officer or employee with custody: Class 5 Felony (SDCL § 22-11-24)
What are the penalties for destruction or impairment of public record in South Dakota?
Penalties for destruction or impairment of public record 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 destruction or impairment of public record?
Destruction or impairment of public record is governed by SDCL § 22-11-24 (Destruction or impairment of public record--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.