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South Dakota criminal charge

Grand theft in South Dakota

Current through 2026 South Dakota legislative session

Grand theft is a criminal offense under South Dakota law, defined by SDCL § 22-30A-17. 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 § 22-30A-17.

What is the penalty for grand theft in South Dakota?

Penalties for Grand theft
PenaltyRangeBasisAuthority
Jail / prisonup to 2 years (Grand theft — value $1,000–$2,500 — Property stolen exceeds one thousand dollars in value but is less than or equal to two thousand five hundred dollars.)discretionarySDCL § 22-6-1
Fineup to $4,000 (Grand theft — value $1,000–$2,500 — Property stolen exceeds one thousand dollars in value but is less than or equal to two thousand five hundred dollars.)discretionarySDCL § 22-6-1
Jail / prisonup to 5 years (Grand theft — value $2,500–$5,000 — Value of the property stolen is more than two thousand five hundred dollars but less than or equal to five thousand dollars.)discretionarySDCL § 22-6-1
Fineup to $10,000 (Grand theft — value $2,500–$5,000 — Value of the property stolen is more than two thousand five hundred dollars but less than or equal to five thousand dollars.)discretionarySDCL § 22-6-1
Jail / prisonup to 10 years (Grand theft — value $5,000–$100,000 — Value of the property stolen is more than five thousand dollars but less than or equal to one hundred thousand dollars.)discretionarySDCL § 22-6-1
Fineup to $20,000 (Grand theft — value $5,000–$100,000 — Value of the property stolen is more than five thousand dollars but less than or equal to one hundred thousand dollars.)discretionarySDCL § 22-6-1
Jail / prisonup to 15 years (Grand theft — value $100,000–$500,000 — Value of the property stolen is more than one hundred thousand dollars but less than or equal to five hundred thousand dollars.)discretionarySDCL § 22-6-1
Fineup to $30,000 (Grand theft — value $100,000–$500,000 — Value of the property stolen is more than one hundred thousand dollars but less than or equal to five hundred thousand dollars.)discretionarySDCL § 22-6-1

Applies to current.

How is grand theft classified in South Dakota?

The classification depends on the circumstances:

Classification variants for Grand theft
VariantClassificationWhen it appliesStatute
Grand theft — value $1,000–$2,500Class 6 FelonyProperty stolen exceeds one thousand dollars in value but is less than or equal to two thousand five hundred dollars.SDCL § 22-30A-17undefined
Grand theft — value $2,500–$5,000Class 5 FelonyValue of the property stolen is more than two thousand five hundred dollars but less than or equal to five thousand dollars.SDCL § 22-30A-17undefined
Grand theft — value $5,000–$100,000Class 4 FelonyValue of the property stolen is more than five thousand dollars but less than or equal to one hundred thousand dollars.SDCL § 22-30A-17undefined
Grand theft — value $100,000–$500,000Class 3 FelonyValue of the property stolen is more than one hundred thousand dollars but less than or equal to five hundred thousand dollars.SDCL § 22-30A-17undefined

Common questions about grand theft in South Dakota

Is grand theft a felony or a misdemeanor in South Dakota?

It depends on the circumstances: grand theft ranges from a Class 6 Felony to a Class 3 Felony in South Dakota under SDCL § 22-30A-17.

Grand theft — value $1,000–$2,500: Class 6 Felony (SDCL § 22-30A-17) · Grand theft — value $2,500–$5,000: Class 5 Felony (SDCL § 22-30A-17) · Grand theft — value $5,000–$100,000: Class 4 Felony (SDCL § 22-30A-17) · Grand theft — value $100,000–$500,000: Class 3 Felony (SDCL § 22-30A-17)

What are the penalties for grand theft in South Dakota?

Penalties for grand theft 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 grand theft?

Grand theft is governed by SDCL § 22-30A-17 (Grand theft--Penalty).

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.