South Dakota criminal charge
Sale, transportation, or possession of destructive device in South Dakota
Sale, transportation, or possession of destructive device is a criminal offense under South Dakota law, defined by SDCL § 22-14A-4. 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 § 22-14A-4.
What is the penalty for sale, transportation, or possession of destructive device in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 10 years (Sale, transportation, or possession of destructive device (base offense) — Applies to any person who knowingly sells, offers for sale, transports, or possesses a destructive device, with no prior crime of violence conviction.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $20,000 (Sale, transportation, or possession of destructive device (base offense) — Applies to any person who knowingly sells, offers for sale, transports, or possesses a destructive device, with no prior crime of violence conviction.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 15 years (Sale, transportation, or possession of destructive device (with prior crime of violence conviction) — Applies when the person committing the offense has previously been convicted of a crime of violence in this state or elsewhere.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $30,000 (Sale, transportation, or possession of destructive device (with prior crime of violence conviction) — Applies when the person committing the offense has previously been convicted of a crime of violence in this state or elsewhere.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is sale, transportation, or possession of destructive device classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Sale, transportation, or possession of destructive device (base offense) | Class 4 Felony | Applies to any person who knowingly sells, offers for sale, transports, or possesses a destructive device, with no prior crime of violence conviction. | SDCL § 22-14A-4undefined |
| Sale, transportation, or possession of destructive device (with prior crime of violence conviction) | Class 3 Felony | Applies when the person committing the offense has previously been convicted of a crime of violence in this state or elsewhere. | SDCL § 22-14A-4undefined |
Common questions about sale, transportation, or possession of destructive device in South Dakota
Is sale, transportation, or possession of destructive device a felony or a misdemeanor in South Dakota?
It depends on the circumstances: sale, transportation, or possession of destructive device ranges from a Class 4 Felony to a Class 3 Felony in South Dakota under SDCL § 22-14A-4.
Sale, transportation, or possession of destructive device (base offense): Class 4 Felony (SDCL § 22-14A-4) · Sale, transportation, or possession of destructive device (with prior crime of violence conviction): Class 3 Felony (SDCL § 22-14A-4)
What are the penalties for sale, transportation, or possession of destructive device in South Dakota?
Penalties for sale, transportation, or possession of destructive device in South Dakota depend on how it is classified — from a Class 4 Felony up to a Class 3 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 sale, transportation, or possession of destructive device?
Sale, transportation, or possession of destructive device is governed by SDCL § 22-14A-4 (Sale, transportation, or possession of destructive device--Felony).
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.