South Dakota criminal charge
Intentional damage to property in South Dakota
Intentional damage to property is a criminal offense under South Dakota law, defined by SDCL § 22-34-1. 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 § 22-34-1.
What is the penalty for intentional damage to property in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 30 days (Damage <= $400 — Applies when the damage to property is four hundred dollars or less.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $500 (Damage <= $400 — Applies when the damage to property is four hundred dollars or less.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 1 year (Damage > $400 and <= $1,000 — Applies when the damage to property is more than four hundred dollars but not more than one thousand dollars.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Damage > $400 and <= $1,000 — Applies when the damage to property is more than four hundred dollars but not more than one thousand dollars.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Damage > $1,000 and <= $2,500 — Applies when the damage to property is more than one thousand dollars but not more than two thousand five hundred dollars.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Damage > $1,000 and <= $2,500 — Applies when the damage to property is more than one thousand dollars but not more than two thousand five hundred dollars.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 5 years (Damage > $2,500 and <= $5,000 — Applies when the damage to property is more than two thousand five hundred dollars but not more than five thousand dollars.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (Damage > $2,500 and <= $5,000 — Applies when the damage to property is more than two thousand five hundred dollars but not more than five thousand dollars.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 10 years (Damage > $5,000 and <= $100,000 — Applies when the damage to property is more than five thousand dollars but not more than one hundred thousand dollars.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $20,000 (Damage > $5,000 and <= $100,000 — Applies when the damage to property is more than five thousand dollars but not more than one hundred thousand dollars.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 15 years (Damage > $100,000 and <= $500,000 — Applies when the damage to property is more than one hundred thousand dollars but not more than five hundred thousand dollars.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $30,000 (Damage > $100,000 and <= $500,000 — Applies when the damage to property is more than one hundred thousand dollars but not more than five hundred thousand dollars.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 25 years (Aggravated intentional damage to property (>$500,000) — Applies when the damage to property is more than five hundred thousand dollars, constituting aggravated intentional damage to property.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $50,000 (Aggravated intentional damage to property (>$500,000) — Applies when the damage to property is more than five hundred thousand dollars, constituting aggravated intentional damage to property.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is intentional damage to property classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Damage <= $400 | Class 2 Misdemeanor | Applies when the damage to property is four hundred dollars or less. | SDCL § 22-34-1undefined |
| Damage > $400 and <= $1,000 | Class 1 Misdemeanor | Applies when the damage to property is more than four hundred dollars but not more than one thousand dollars. | SDCL § 22-34-1undefined |
| Damage > $1,000 and <= $2,500 | Class 6 Felony | Applies when the damage to property is more than one thousand dollars but not more than two thousand five hundred dollars. | SDCL § 22-34-1undefined |
| Damage > $2,500 and <= $5,000 | Class 5 Felony | Applies when the damage to property is more than two thousand five hundred dollars but not more than five thousand dollars. | SDCL § 22-34-1undefined |
| Damage > $5,000 and <= $100,000 | Class 4 Felony | Applies when the damage to property is more than five thousand dollars but not more than one hundred thousand dollars. | SDCL § 22-34-1undefined |
| Damage > $100,000 and <= $500,000 | Class 3 Felony | Applies when the damage to property is more than one hundred thousand dollars but not more than five hundred thousand dollars. | SDCL § 22-34-1undefined |
| Aggravated intentional damage to property (>$500,000) | Class 2 Felony | Applies when the damage to property is more than five hundred thousand dollars, constituting aggravated intentional damage to property. | SDCL § 22-34-1undefined |
Common questions about intentional damage to property in South Dakota
Is intentional damage to property a felony or a misdemeanor in South Dakota?
It depends on the circumstances: intentional damage to property ranges from a Class 2 Misdemeanor to a Class 2 Felony in South Dakota under SDCL § 22-34-1.
Damage <= $400: Class 2 Misdemeanor (SDCL § 22-34-1) · Damage > $400 and <= $1,000: Class 1 Misdemeanor (SDCL § 22-34-1) · Damage > $1,000 and <= $2,500: Class 6 Felony (SDCL § 22-34-1) · Damage > $2,500 and <= $5,000: Class 5 Felony (SDCL § 22-34-1) · Damage > $5,000 and <= $100,000: Class 4 Felony (SDCL § 22-34-1) · Damage > $100,000 and <= $500,000: Class 3 Felony (SDCL § 22-34-1) · Aggravated intentional damage to property (>$500,000): Class 2 Felony (SDCL § 22-34-1)
What are the penalties for intentional damage to property in South Dakota?
Which South Dakota statute covers intentional damage to property?
Intentional damage to property is governed by SDCL § 22-34-1 (Intentional damage to property--Degree of offense according to value).
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.