South Dakota criminal charge
Misdemeanor classes and penalties in South Dakota
Misdemeanor classes and penalties is a criminal offense under South Dakota law, defined by SDCL § 22-6-2. 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 § 22-6-2.
How is misdemeanor classes and penalties classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Class 1 misdemeanor | Class 1 Misdemeanor | Applies to offenses designated as Class 1 misdemeanors, punishable by up to one year in county jail or a $2,000 fine, or both. | SDCL § 22-6-2undefined |
| Class 2 misdemeanor | Class 2 Misdemeanor | Applies to offenses designated as Class 2 misdemeanors, punishable by up to thirty days in county jail or a $500 fine, or both. | SDCL § 22-6-2undefined |
| Default penalty for unspecified prohibited act | Class 2 Misdemeanor | Applies when a statute outside specified titles prohibits an act but sets no penalty, making violation a Class 2 misdemeanor by default. | SDCL § 22-6-2undefined |
Common questions about misdemeanor classes and penalties in South Dakota
Is misdemeanor classes and penalties a felony or a misdemeanor in South Dakota?
It depends on the circumstances: misdemeanor classes and penalties ranges from a Class 2 Misdemeanor to a Class 1 Misdemeanor in South Dakota under SDCL § 22-6-2.
Class 1 misdemeanor: Class 1 Misdemeanor (SDCL § 22-6-2) · Class 2 misdemeanor: Class 2 Misdemeanor (SDCL § 22-6-2) · Default penalty for unspecified prohibited act: Class 2 Misdemeanor (SDCL § 22-6-2)
Which South Dakota statute covers misdemeanor classes and penalties?
Misdemeanor classes and penalties is governed by SDCL § 22-6-2 (Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed).
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.