South Dakota criminal charge
Kidnapping in the second degree in South Dakota
Kidnapping in the second degree is a criminal offense under South Dakota law, defined by SDCL § 22-19-1.1. 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 § 22-19-1.1.
What is the penalty for kidnapping in the second degree in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 15 years (Kidnapping in the second degree (base offense) — Applies when a person unlawfully holds or retains another person for one of the enumerated purposes, without inflicting serious bodily injury on the victim.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $30,000 (Kidnapping in the second degree (base offense) — Applies when a person unlawfully holds or retains another person for one of the enumerated purposes, without inflicting serious bodily injury on the victim.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 50 years (Aggravated kidnapping in the second degree — serious bodily injury — Applies when the person has inflicted serious bodily injury on the victim during the commission of second degree kidnapping.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $50,000 (Aggravated kidnapping in the second degree — serious bodily injury — Applies when the person has inflicted serious bodily injury on the victim during the commission of second degree kidnapping.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is kidnapping in the second degree classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Kidnapping in the second degree (base offense) | Class 3 Felony | Applies when a person unlawfully holds or retains another person for one of the enumerated purposes, without inflicting serious bodily injury on the victim. | SDCL § 22-19-1.1undefined |
| Aggravated kidnapping in the second degree — serious bodily injury | Class 1 Felony | Applies when the person has inflicted serious bodily injury on the victim during the commission of second degree kidnapping. | SDCL § 22-19-1.1undefined |
Common questions about kidnapping in the second degree in South Dakota
Is kidnapping in the second degree a felony or a misdemeanor in South Dakota?
It depends on the circumstances: kidnapping in the second degree ranges from a Class 3 Felony to a Class 1 Felony in South Dakota under SDCL § 22-19-1.1.
Kidnapping in the second degree (base offense): Class 3 Felony (SDCL § 22-19-1.1) · Aggravated kidnapping in the second degree — serious bodily injury: Class 1 Felony (SDCL § 22-19-1.1)
What are the penalties for kidnapping in the second degree in South Dakota?
Penalties for kidnapping in the second degree in South Dakota depend on how it is classified — from a Class 3 Felony up to a Class 1 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 in the second degree?
Kidnapping in the second degree is governed by SDCL § 22-19-1.1 (Kidnapping in the second degree).
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.