South Dakota criminal charge
Taking, enticing away, or keeping of unmarried minor child by parent in South Dakota
Taking, enticing away, or keeping of unmarried minor child by parent is a criminal offense under South Dakota law, defined by SDCL § 22-19-9. 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 § 22-19-9.
What is the penalty for taking, enticing away, or keeping of unmarried minor child by parent in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 1 year (First violation — Applies to a first violation of taking, enticing away, or keeping an unmarried minor child in violation of a custody or visitation order without consent.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (First violation — Applies to a first violation of taking, enticing away, or keeping an unmarried minor child in violation of a custody or visitation order without consent.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 2 years (Subsequent violation — Applies when the parent commits a subsequent violation of this section after a prior offense.) | discretionary | SDCL § 22-6-1 |
| Fine | up to $4,000 (Subsequent violation — Applies when the parent commits a subsequent violation of this section after a prior offense.) | discretionary | SDCL § 22-6-1 |
Applies to current.
How is taking, enticing away, or keeping of unmarried minor child by parent classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| First violation | Class 1 Misdemeanor | Applies to a first violation of taking, enticing away, or keeping an unmarried minor child in violation of a custody or visitation order without consent. | SDCL § 22-19-9undefined |
| Subsequent violation | Class 6 Felony | Applies when the parent commits a subsequent violation of this section after a prior offense. | SDCL § 22-19-9undefined |
Common questions about taking, enticing away, or keeping of unmarried minor child by parent in South Dakota
Is taking, enticing away, or keeping of unmarried minor child by parent a felony or a misdemeanor in South Dakota?
It depends on the circumstances: taking, enticing away, or keeping of unmarried minor child by parent ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-19-9.
First violation: Class 1 Misdemeanor (SDCL § 22-19-9) · Subsequent violation: Class 6 Felony (SDCL § 22-19-9)
What are the penalties for taking, enticing away, or keeping of unmarried minor child by parent in South Dakota?
Penalties for taking, enticing away, or keeping of unmarried minor child by parent in South Dakota depend on how it is classified — from a Class 1 Misdemeanor up to a Class 6 Felony — with the ranges set by SDCL § 22-6-2 and SDCL § 22-6-1; the full table of ranges by variant is published on this page.
Which South Dakota statute covers taking, enticing away, or keeping of unmarried minor child by parent?
Taking, enticing away, or keeping of unmarried minor child by parent is governed by SDCL § 22-19-9 (Taking, enticing away, or keeping of unmarried minor child by parent--Misdemeanor--Subsequent violation 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.