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South Dakota criminal charge

Incest in South Dakota

Class 5 FelonyCurrent through 2026 South Dakota legislative session

Incest is a Class 5 Felony under South Dakota criminal law, defined by SDCL § 22-22A-2. As a Class 5 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 § 22-22A-2.

What is the penalty for incest in South Dakota?

Penalties for Incest
PenaltyRangeBasisAuthority
Jail / prisonup to 5 years (no statutory minimum)discretionarySDCL § 22-6-1
Fineup to $10,000 (no statutory minimum)discretionarySDCL § 22-6-1

Applies to current.

Common questions about incest in South Dakota

Is incest a felony or a misdemeanor in South Dakota?

Incest is a Class 5 Felony in South Dakota under SDCL § 22-22A-2.

What are the penalties for incest in South Dakota?

As a Class 5 Felony, incest carries up to 5 years (no mandatory minimum) of incarceration and a fine of up to $10,000 (no mandatory minimum) under SDCL § 22-6-1 (current).

Which South Dakota statute covers incest?

Incest is governed by SDCL § 22-22A-2 (Incest--Prohibited sexual contact--Felony).

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.