South Dakota criminal charge
Nuisances for which punishment not otherwise prescribed in South Dakota
Nuisances for which punishment not otherwise prescribed is a criminal offense under South Dakota law, defined by SDCL § 22-36-1. 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 § 22-36-1.
What is the penalty for nuisances for which punishment not otherwise prescribed in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 30 days (Public nuisance - general — Applies when a person maintains or commits a public nuisance not otherwise punishable, or intentionally fails to perform a legal duty to remove a public nuisance.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $500 (Public nuisance - general — Applies when a person maintains or commits a public nuisance not otherwise punishable, or intentionally fails to perform a legal duty to remove a public nuisance.) | discretionary | SDCL § 22-6-2 |
Applies to current.
How is nuisances for which punishment not otherwise prescribed classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Public nuisance - general | Class 2 Misdemeanor | Applies when a person maintains or commits a public nuisance not otherwise punishable, or intentionally fails to perform a legal duty to remove a public nuisance. | SDCL § 22-36-1undefined |
Common questions about nuisances for which punishment not otherwise prescribed in South Dakota
Is nuisances for which punishment not otherwise prescribed a felony or a misdemeanor in South Dakota?
Nuisances for which punishment not otherwise prescribed is a Class 2 Misdemeanor in South Dakota under SDCL § 22-36-1.
Public nuisance - general: Class 2 Misdemeanor (SDCL § 22-36-1)
What are the penalties for nuisances for which punishment not otherwise prescribed in South Dakota?
Penalties for nuisances for which punishment not otherwise prescribed in South Dakota depend on how it is classified — from a Class 2 Misdemeanor up to a Class 2 Misdemeanor — with the ranges set by SDCL § 22-6-2; the full table of ranges by variant is published on this page.
Which South Dakota statute covers nuisances for which punishment not otherwise prescribed?
Nuisances for which punishment not otherwise prescribed is governed by SDCL § 22-36-1 (Nuisances for which punishment not otherwise prescribed--Failure to remove public nuisance--Misdemeanor).
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.