South Dakota criminal charge
Harassment by threat of fraudulent legal proceedings or liens prohibited in South Dakota
Harassment by threat of fraudulent legal proceedings or liens prohibited is a criminal offense under South Dakota law, defined by SDCL § 22-11-31. 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 § 22-11-31.
What is the penalty for harassment by threat of fraudulent legal proceedings or liens prohibited in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Harassment by threat of fraudulent legal proceedings or liens (first offense) — Applies to a first violation of harassing another person through simulated legal process, threats, or counterfeit liens.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Harassment by threat of fraudulent legal proceedings or liens (first offense) — Applies to a first violation of harassing another person through simulated legal process, threats, or counterfeit liens.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Harassment by threat of fraudulent legal proceedings or liens (second or subsequent offense) — Applies when the person has a second or subsequent conviction for violating this section.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Harassment by threat of fraudulent legal proceedings or liens (second or subsequent offense) — Applies when the person has a second or subsequent conviction for violating this section.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is harassment by threat of fraudulent legal proceedings or liens prohibited classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Harassment by threat of fraudulent legal proceedings or liens (first offense) | Class 1 Misdemeanor | Applies to a first violation of harassing another person through simulated legal process, threats, or counterfeit liens. | SDCL § 22-11-31undefined |
| Harassment by threat of fraudulent legal proceedings or liens (second or subsequent offense) | Class 6 Felony | Applies when the person has a second or subsequent conviction for violating this section. | SDCL § 22-11-31undefined |
Common questions about harassment by threat of fraudulent legal proceedings or liens prohibited in South Dakota
Is harassment by threat of fraudulent legal proceedings or liens prohibited a felony or a misdemeanor in South Dakota?
It depends on the circumstances: harassment by threat of fraudulent legal proceedings or liens prohibited ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-11-31.
Harassment by threat of fraudulent legal proceedings or liens (first offense): Class 1 Misdemeanor (SDCL § 22-11-31) · Harassment by threat of fraudulent legal proceedings or liens (second or subsequent offense): Class 6 Felony (SDCL § 22-11-31)
What are the penalties for harassment by threat of fraudulent legal proceedings or liens prohibited in South Dakota?
Penalties for harassment by threat of fraudulent legal proceedings or liens prohibited in South Dakota depend on how it is classified — from a Class 1 Misdemeanor up to a Class 6 Felony — with the ranges set by SDCL § 22-6-2 and SDCL § 22-6-1; the full table of ranges by variant is published on this page.
Which South Dakota statute covers harassment by threat of fraudulent legal proceedings or liens prohibited?
Harassment by threat of fraudulent legal proceedings or liens prohibited is governed by SDCL § 22-11-31 (Harassment by threat of fraudulent legal proceedings or liens prohibited--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.