South Dakota criminal charge
Substantial interruption or impairment in South Dakota
Substantial interruption or impairment is a criminal offense under South Dakota law, defined by SDCL § 22-34-28. 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 § 22-34-28.
What is the penalty for substantial interruption or impairment in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 2 years (Substantial interruption or impairment (no injury) — Applies when a person knowingly damages or tampers with property causing a substantial interruption or impairment in communications, utility, transportation, or infrastructure services, without physical injury resulting.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Substantial interruption or impairment (no injury) — Applies when a person knowingly damages or tampers with property causing a substantial interruption or impairment in communications, utility, transportation, or infrastructure services, without physical injury resulting.) | discretionary | SDCL § 22-6-1 |
| Jail / prison | up to 10 years (Substantial interruption or impairment causing physical injury — Applies when the damage or tampering causing the substantial interruption or impairment also causes physical injury to another person.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $20,000 (Substantial interruption or impairment causing physical injury — Applies when the damage or tampering causing the substantial interruption or impairment also causes physical injury to another person.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is substantial interruption or impairment classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Substantial interruption or impairment (no injury) | Class 6 Felony | Applies when a person knowingly damages or tampers with property causing a substantial interruption or impairment in communications, utility, transportation, or infrastructure services, without physical injury resulting. | SDCL § 22-34-28undefined |
| Substantial interruption or impairment causing physical injury | Class 4 Felony | Applies when the damage or tampering causing the substantial interruption or impairment also causes physical injury to another person. | SDCL § 22-34-28undefined |
Common questions about substantial interruption or impairment in South Dakota
Is substantial interruption or impairment a felony or a misdemeanor in South Dakota?
It depends on the circumstances: substantial interruption or impairment ranges from a Class 6 Felony to a Class 4 Felony in South Dakota under SDCL § 22-34-28.
Substantial interruption or impairment (no injury): Class 6 Felony (SDCL § 22-34-28) · Substantial interruption or impairment causing physical injury: Class 4 Felony (SDCL § 22-34-28)
What are the penalties for substantial interruption or impairment in South Dakota?
Penalties for substantial interruption or impairment in South Dakota depend on how it is classified — from a Class 6 Felony up to a Class 4 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 substantial interruption or impairment?
Substantial interruption or impairment is governed by SDCL § 22-34-28 (Substantial interruption or impairment--Utility Service--Critical Infrastructure--Violation as 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.