South Dakota criminal charge
Second or subsequent convictions in South Dakota
Second or subsequent convictions is a Class 5 Felony under South Dakota criminal law, defined by SDCL § 22-24B-12.1. As a Class 5 Felony, it is punishable within the statutory sentencing range South Dakota sets for that offense class. South Dakota sorts criminal offenses into felonies, misdemeanors, and petty offenses, each carrying its own penalty range.
Defined by SDCL § 22-24B-12.1.
What is the penalty for second or subsequent convictions in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 5 years (no statutory minimum) | discretionary | SDCL § 22-6-1 |
| Fine | up to $10,000 (no statutory minimum) | discretionary | SDCL § 22-6-1 |
Applies to current.
Common questions about second or subsequent convictions in South Dakota
Is second or subsequent convictions a felony or a misdemeanor in South Dakota?
Second or subsequent convictions is a Class 5 Felony in South Dakota under SDCL § 22-24B-12.1.
What are the penalties for second or subsequent convictions in South Dakota?
As a Class 5 Felony, second or subsequent convictions carries up to 5 years (no mandatory minimum) of incarceration and a fine of up to $10,000 (no mandatory minimum) under SDCL § 22-6-1 (current).
Which South Dakota statute covers second or subsequent convictions?
Second or subsequent convictions is governed by SDCL § 22-24B-12.1 (Second or subsequent convictions).
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.