South Dakota criminal charge
Protection order in South Dakota
Protection order is a criminal offense under South Dakota law, defined by SDCL § 25-10-13. 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 § 25-10-13.
What is the penalty for protection order in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Basic violation of protection/no contact order — A knowing violation of a valid temporary protection order, protection order, recognized foreign protection order, or no contact order.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Basic violation of protection/no contact order — A knowing violation of a valid temporary protection order, protection order, recognized foreign protection order, or no contact order.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Violation also constituting assault/stalking offense — The acts violating this section also constitute a violation of § 22-18-1, 22-18-1.1, or 22-19A-1 (assault/stalking statutes).) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Violation also constituting assault/stalking offense — The acts violating this section also constitute a violation of § 22-18-1, 22-18-1.1, or 22-19A-1 (assault/stalking statutes).) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 2 years (Third offense within ten years — Respondent has two prior convictions/guilty pleas for violations of this section or comparable laws within ten years, and this is the third offense committed after the second conviction.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Third offense within ten years — Respondent has two prior convictions/guilty pleas for violations of this section or comparable laws within ten years, and this is the third offense committed after the second conviction.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 5 years (Fourth offense within ten years — Respondent has two or more prior convictions/guilty pleas within ten years and this is the fourth qualifying offense.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (Fourth offense within ten years — Respondent has two or more prior convictions/guilty pleas within ten years and this is the fourth qualifying offense.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 10 years (Fifth or subsequent offense within ten years — Respondent has two or more prior convictions/guilty pleas within ten years and this is the fifth or subsequent qualifying offense.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $20,000 (Fifth or subsequent offense within ten years — Respondent has two or more prior convictions/guilty pleas within ten years and this is the fifth or subsequent qualifying offense.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is protection order classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Basic violation of protection/no contact order | Class 1 Misdemeanor | A knowing violation of a valid temporary protection order, protection order, recognized foreign protection order, or no contact order. | SDCL § 25-10-13undefined |
| Violation also constituting assault/stalking offense | Class 6 Felony | The acts violating this section also constitute a violation of § 22-18-1, 22-18-1.1, or 22-19A-1 (assault/stalking statutes). | SDCL § 25-10-13undefined |
| Third offense within ten years | Class 6 Felony | Respondent has two prior convictions/guilty pleas for violations of this section or comparable laws within ten years, and this is the third offense committed after the second conviction. | SDCL § 25-10-13undefined |
| Fourth offense within ten years | Class 5 Felony | Respondent has two or more prior convictions/guilty pleas within ten years and this is the fourth qualifying offense. | SDCL § 25-10-13undefined |
| Fifth or subsequent offense within ten years | Class 4 Felony | Respondent has two or more prior convictions/guilty pleas within ten years and this is the fifth or subsequent qualifying offense. | SDCL § 25-10-13undefined |
Common questions about protection order in South Dakota
Is protection order a felony or a misdemeanor in South Dakota?
It depends on the circumstances: protection order ranges from a Class 1 Misdemeanor to a Class 4 Felony in South Dakota under SDCL § 25-10-13.
Basic violation of protection/no contact order: Class 1 Misdemeanor (SDCL § 25-10-13) · Violation also constituting assault/stalking offense: Class 6 Felony (SDCL § 25-10-13) · Third offense within ten years: Class 6 Felony (SDCL § 25-10-13) · Fourth offense within ten years: Class 5 Felony (SDCL § 25-10-13) · Fifth or subsequent offense within ten years: Class 4 Felony (SDCL § 25-10-13)
What are the penalties for protection order in South Dakota?
Which South Dakota statute covers protection order?
Protection order is governed by SDCL § 25-10-13 (Protection order--Violation--Penalty).
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.