South Dakota criminal charge
Enticing away a child in South Dakota
Enticing away a child is a criminal offense under South Dakota law, defined by SDCL § 22-19-7.1. 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 § 22-19-7.1.
What is the penalty for enticing away a child in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Enticing away a child (first violation) — Applies to a first violation of attempting to take, allure, or entice away a child under sixteen for any illegal purpose.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Enticing away a child (first violation) — Applies to a first violation of attempting to take, allure, or entice away a child under sixteen for any illegal purpose.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Enticing away a child (subsequent violation) — Applies when the person has a prior violation of this section and commits a subsequent violation.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Enticing away a child (subsequent violation) — Applies when the person has a prior violation of this section and commits a subsequent violation.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is enticing away a child classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Enticing away a child (first violation) | Class 1 Misdemeanor | Applies to a first violation of attempting to take, allure, or entice away a child under sixteen for any illegal purpose. | SDCL § 22-19-7.1undefined |
| Enticing away a child (subsequent violation) | Class 6 Felony | Applies when the person has a prior violation of this section and commits a subsequent violation. | SDCL § 22-19-7.1undefined |
Common questions about enticing away a child in South Dakota
Is enticing away a child a felony or a misdemeanor in South Dakota?
It depends on the circumstances: enticing away a child ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-19-7.1.
Enticing away a child (first violation): Class 1 Misdemeanor (SDCL § 22-19-7.1) · Enticing away a child (subsequent violation): Class 6 Felony (SDCL § 22-19-7.1)
What are the penalties for enticing away a child in South Dakota?
Which South Dakota statute covers enticing away a child?
Enticing away a child is governed by SDCL § 22-19-7.1 (Enticing away a child--Misdemeanor--Subsequent violation 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.