South Dakota criminal charge
Kidnapping in South Dakota
Kidnapping is a criminal offense under South Dakota law, defined by SDCL § 22-19-1. 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 § 22-19-1.
What is the penalty for kidnapping in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | Kidnapping in the first degree (no serious bodily injury) — Applies when a person commits kidnapping in the first degree under subsections (1)-(5) and does not inflict serious bodily injury on the victim.; up to life imprisonment in a state correctional facility | discretionary | SDCL § 22-6-1 |
| Fine | up to $50,000 (Kidnapping in the first degree (no serious bodily injury) — Applies when a person commits kidnapping in the first degree under subsections (1)-(5) and does not inflict serious bodily injury on the victim.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | Aggravated kidnapping in the first degree (serious bodily injury inflicted) — Applies when the person commits kidnapping in the first degree and has inflicted serious bodily injury on the victim.; life imprisonment in a state correctional facility; a lesser sentence may not be given (term of years permitted only if the defendant was under eighteen at the time of the offense) | mandatory | SDCL § 22-6-1 |
| Fine | up to $50,000 (Aggravated kidnapping in the first degree (serious bodily injury inflicted) — Applies when the person commits kidnapping in the first degree and has inflicted serious bodily injury on the victim.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is kidnapping classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Kidnapping in the first degree (no serious bodily injury) | Class C Felony | Applies when a person commits kidnapping in the first degree under subsections (1)-(5) and does not inflict serious bodily injury on the victim. | SDCL § 22-19-1undefined |
| Aggravated kidnapping in the first degree (serious bodily injury inflicted) | Class B Felony | Applies when the person commits kidnapping in the first degree and has inflicted serious bodily injury on the victim. | SDCL § 22-19-1undefined |
Common questions about kidnapping in South Dakota
Is kidnapping a felony or a misdemeanor in South Dakota?
It depends on the circumstances: kidnapping ranges from a Class C Felony to a Class B Felony in South Dakota under SDCL § 22-19-1.
Kidnapping in the first degree (no serious bodily injury): Class C Felony (SDCL § 22-19-1) · Aggravated kidnapping in the first degree (serious bodily injury inflicted): Class B Felony (SDCL § 22-19-1)
What are the penalties for kidnapping in South Dakota?
Penalties for kidnapping in South Dakota depend on how it is classified — from a Class C Felony up to a Class B 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 kidnapping?
Kidnapping is governed by SDCL § 22-19-1 (Kidnapping--Aggravated kidnapping in the first degree--Class of 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.