Skip to main content
US Criminal Defense.org
Menu

South Dakota criminal charge

Identity theft in South Dakota

Class 6 FelonyCurrent through 2026 South Dakota legislative session

Identity theft is a Class 6 Felony under South Dakota criminal law, defined by SDCL § 22-40-8. As a Class 6 Felony, it is punishable within the statutory sentencing range South Dakota sets for that offense class. South Dakota sorts criminal offenses into felonies, misdemeanors, and petty offenses, each carrying its own penalty range.

Defined by SDCL § 22-40-8.

What is the penalty for identity theft in South Dakota?

Penalties for Identity theft
PenaltyRangeBasisAuthority
Jail / prisonup to 2 years (no statutory minimum)discretionarySDCL § 22-6-1
Fineup to $4,000 (no statutory minimum)discretionarySDCL § 22-6-1

Applies to current.

Common questions about identity theft in South Dakota

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

Identity theft is a Class 6 Felony in South Dakota under SDCL § 22-40-8.

What are the penalties for identity theft in South Dakota?

As a Class 6 Felony, identity theft carries up to 2 years (no mandatory minimum) of incarceration and a fine of up to $4,000 (no mandatory minimum) under SDCL § 22-6-1 (current).

Which South Dakota statute covers identity theft?

Identity theft is governed by SDCL § 22-40-8 (Identity theft--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.