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South Dakota criminal charge

Felony classes of perjury in South Dakota

Current through 2026 South Dakota legislative session

Felony classes of perjury is a criminal offense under South Dakota law, defined by SDCL § 22-29-5. 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 § 22-29-5.

What is the penalty for felony classes of perjury in South Dakota?

Penalties for Felony classes of perjury
PenaltyRangeBasisAuthority
Jail / prisonup to 15 years (Perjury committed in a felony trial — Applies when perjury is committed in any trial for a felony.)discretionarySDCL § 22-6-1
Fineup to $30,000 (Perjury committed in a felony trial — Applies when perjury is committed in any trial for a felony.)discretionarySDCL § 22-6-1
Jail / prisonup to 5 years (Perjury committed in other trial/court proceeding/deposition/administrative proceeding under oath — Applies when perjury is committed in any other trial, court proceeding, deposition, or administrative proceeding conducted under oath (not a felony trial).)discretionarySDCL § 22-6-1
Fineup to $10,000 (Perjury committed in other trial/court proceeding/deposition/administrative proceeding under oath — Applies when perjury is committed in any other trial, court proceeding, deposition, or administrative proceeding conducted under oath (not a felony trial).)discretionarySDCL § 22-6-1
Jail / prisonup to 2 years (Perjury committed in any other manner proscribed by law — Applies when perjury is committed in any other manner proscribed by law, not covered by the prior two categories.)discretionarySDCL § 22-6-1
Fineup to $4,000 (Perjury committed in any other manner proscribed by law — Applies when perjury is committed in any other manner proscribed by law, not covered by the prior two categories.)discretionarySDCL § 22-6-1

Applies to current.

How is felony classes of perjury classified in South Dakota?

The classification depends on the circumstances:

Classification variants for Felony classes of perjury
VariantClassificationWhen it appliesStatute
Perjury committed in a felony trialClass 3 FelonyApplies when perjury is committed in any trial for a felony.SDCL § 22-29-5undefined
Perjury committed in other trial/court proceeding/deposition/administrative proceeding under oathClass 5 FelonyApplies when perjury is committed in any other trial, court proceeding, deposition, or administrative proceeding conducted under oath (not a felony trial).SDCL § 22-29-5undefined
Perjury committed in any other manner proscribed by lawClass 6 FelonyApplies when perjury is committed in any other manner proscribed by law, not covered by the prior two categories.SDCL § 22-29-5undefined

Common questions about felony classes of perjury in South Dakota

Is felony classes of perjury a felony or a misdemeanor in South Dakota?

It depends on the circumstances: felony classes of perjury ranges from a Class 6 Felony to a Class 3 Felony in South Dakota under SDCL § 22-29-5.

Perjury committed in a felony trial: Class 3 Felony (SDCL § 22-29-5) · Perjury committed in other trial/court proceeding/deposition/administrative proceeding under oath: Class 5 Felony (SDCL § 22-29-5) · Perjury committed in any other manner proscribed by law: Class 6 Felony (SDCL § 22-29-5)

What are the penalties for felony classes of perjury in South Dakota?

Penalties for felony classes of perjury in South Dakota depend on how it is classified — from a Class 6 Felony up to a Class 3 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 felony classes of perjury?

Felony classes of perjury is governed by SDCL § 22-29-5 (Felony classes of perjury).

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.