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South Dakota criminal charge

Resisting service or refusal to give information as misdemeanor in South Dakota

Current through 2026 South Dakota legislative session

Resisting service or refusal to give information as misdemeanor is a criminal offense under South Dakota law, defined by SDCL § 23-1A-9. 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 § 23-1A-9.

What is the penalty for resisting service or refusal to give information as misdemeanor in South Dakota?

Penalties for Resisting service or refusal to give information as misdemeanor
PenaltyRangeBasisAuthority
Jail / prisonup to 30 days (Resisting service or refusal to give information — A person resists the service of a petty offense complaint and summons or refuses to give a law enforcement officer the information necessary to complete a petty offense summons and complaint.; county jail)discretionarySDCL § 22-6-2
Fineup to $500 (Resisting service or refusal to give information — A person resists the service of a petty offense complaint and summons or refuses to give a law enforcement officer the information necessary to complete a petty offense summons and complaint.)discretionarySDCL § 22-6-2

Applies to current.

How is resisting service or refusal to give information as misdemeanor classified in South Dakota?

The classification depends on the circumstances:

Classification variants for Resisting service or refusal to give information as misdemeanor
VariantClassificationWhen it appliesStatute
Resisting service or refusal to give informationClass 2 MisdemeanorA person resists the service of a petty offense complaint and summons or refuses to give a law enforcement officer the information necessary to complete a petty offense summons and complaint.SDCL § 23-1A-9undefined

Common questions about resisting service or refusal to give information as misdemeanor in South Dakota

Is resisting service or refusal to give information as misdemeanor a felony or a misdemeanor in South Dakota?

Resisting service or refusal to give information as misdemeanor is a Class 2 Misdemeanor in South Dakota under SDCL § 23-1A-9.

Resisting service or refusal to give information: Class 2 Misdemeanor (SDCL § 23-1A-9)

What are the penalties for resisting service or refusal to give information as misdemeanor in South Dakota?

Penalties for resisting service or refusal to give information as misdemeanor 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 resisting service or refusal to give information as misdemeanor?

Resisting service or refusal to give information as misdemeanor is governed by SDCL § 23-1A-9 (Resisting service or refusal to give information as 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.