South Dakota criminal charge
Falsification of public records in South Dakota
Falsification of public records is a criminal offense under South Dakota law, defined by SDCL § 22-11-23. 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 § 22-11-23.
What is the penalty for falsification of public records in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 30 days (Falsification of public records — general — Applies when any person knowingly makes a false entry in or falsely alters a public record.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $500 (Falsification of public records — general — Applies when any person knowingly makes a false entry in or falsely alters a public record.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 1 year (Falsification of public records — by custodial public officer or employee — Applies when the false entry or alteration is committed by a public officer or employee who has custody of the record.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Falsification of public records — by custodial public officer or employee — Applies when the false entry or alteration is committed by a public officer or employee who has custody of the record.) | discretionary | SDCL § 22-6-2 |
Applies to current.
How is falsification of public records classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Falsification of public records — general | Class 2 Misdemeanor | Applies when any person knowingly makes a false entry in or falsely alters a public record. | SDCL § 22-11-23undefined |
| Falsification of public records — by custodial public officer or employee | Class 1 Misdemeanor | Applies when the false entry or alteration is committed by a public officer or employee who has custody of the record. | SDCL § 22-11-23undefined |
Common questions about falsification of public records in South Dakota
Is falsification of public records a felony or a misdemeanor in South Dakota?
It depends on the circumstances: falsification of public records ranges from a Class 2 Misdemeanor to a Class 1 Misdemeanor in South Dakota under SDCL § 22-11-23.
Falsification of public records — general: Class 2 Misdemeanor (SDCL § 22-11-23) · Falsification of public records — by custodial public officer or employee: Class 1 Misdemeanor (SDCL § 22-11-23)
What are the penalties for falsification of public records in South Dakota?
Penalties for falsification of public records 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 falsification of public records?
Falsification of public records is governed by SDCL § 22-11-23 (Falsification of public records--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.