South Dakota criminal charge
Disorderly conduct in South Dakota
Disorderly conduct is a criminal offense under South Dakota law, defined by SDCL § 22-18-35. 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 § 22-18-35.
What is the penalty for disorderly conduct in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 30 days (Disorderly conduct (base offense) — Applies to a person who intentionally causes serious public inconvenience, annoyance, or alarm, or creates a risk thereof, through the enumerated conduct, without a qualifying prior record.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $500 (Disorderly conduct (base offense) — Applies to a person who intentionally causes serious public inconvenience, annoyance, or alarm, or creates a risk thereof, through the enumerated conduct, without a qualifying prior record.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 1 year (Disorderly conduct (fourth or subsequent offense) — Applies when the defendant has been convicted of, or pled guilty to, three or more violations of this section within the preceding ten years, for the fourth or subsequent offense.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Disorderly conduct (fourth or subsequent offense) — Applies when the defendant has been convicted of, or pled guilty to, three or more violations of this section within the preceding ten years, for the fourth or subsequent offense.) | discretionary | SDCL § 22-6-2 |
Applies to current.
How is disorderly conduct classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Disorderly conduct (base offense) | Class 2 Misdemeanor | Applies to a person who intentionally causes serious public inconvenience, annoyance, or alarm, or creates a risk thereof, through the enumerated conduct, without a qualifying prior record. | SDCL § 22-18-35undefined |
| Disorderly conduct (fourth or subsequent offense) | Class 1 Misdemeanor | Applies when the defendant has been convicted of, or pled guilty to, three or more violations of this section within the preceding ten years, for the fourth or subsequent offense. | SDCL § 22-18-35undefined |
Common questions about disorderly conduct in South Dakota
Is disorderly conduct a felony or a misdemeanor in South Dakota?
It depends on the circumstances: disorderly conduct ranges from a Class 2 Misdemeanor to a Class 1 Misdemeanor in South Dakota under SDCL § 22-18-35.
Disorderly conduct (base offense): Class 2 Misdemeanor (SDCL § 22-18-35) · Disorderly conduct (fourth or subsequent offense): Class 1 Misdemeanor (SDCL § 22-18-35)
What are the penalties for disorderly conduct in South Dakota?
Penalties for disorderly conduct in South Dakota depend on how it is classified — from a Class 2 Misdemeanor up to a Class 1 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 disorderly conduct?
Disorderly conduct is governed by SDCL § 22-18-35 (Disorderly conduct--Misdemeanor).
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.