South Dakota criminal charge
Stalking in South Dakota
Stalking is a criminal offense under South Dakota law, defined by SDCL § 22-19A-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 § 22-19A-1.
What is the penalty for stalking in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (Stalking (first offense) — A first violation of the stalking statute is a Class 1 misdemeanor.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Stalking (first offense) — A first violation of the stalking statute is a Class 1 misdemeanor.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Stalking (second or subsequent offense) — A second or subsequent conviction under this section occurring within ten years of a prior conviction is a Class 6 felony.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Stalking (second or subsequent offense) — A second or subsequent conviction under this section occurring within ten years of a prior conviction is a Class 6 felony.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is stalking classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Stalking (first offense) | Class 1 Misdemeanor | A first violation of the stalking statute is a Class 1 misdemeanor. | SDCL § 22-19A-1undefined |
| Stalking (second or subsequent offense) | Class 6 Felony | A second or subsequent conviction under this section occurring within ten years of a prior conviction is a Class 6 felony. | SDCL § 22-19A-1undefined |
Common questions about stalking in South Dakota
Is stalking a felony or a misdemeanor in South Dakota?
It depends on the circumstances: stalking ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-19A-1.
Stalking (first offense): Class 1 Misdemeanor (SDCL § 22-19A-1) · Stalking (second or subsequent offense): Class 6 Felony (SDCL § 22-19A-1)
What are the penalties for stalking in South Dakota?
Which South Dakota statute covers stalking?
Stalking is governed by SDCL § 22-19A-1 (Stalking--Violation as misdemeanor--Second or subsequent offense a 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.