South Dakota criminal charge
Unlawful retention of public record in South Dakota
Unlawful retention of public record is a criminal offense under South Dakota law, defined by SDCL § 22-11-25. 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 § 22-11-25.
What is the penalty for unlawful retention of public record in South Dakota?
| Penalty | Range | Basis | Authority |
|---|---|---|---|
| Jail / prison | up to 30 days (Unlawful retention by person without authority — A person lacking authority to retain a public record knowingly refuses to deliver it up upon proper request of someone lawfully entitled to receive it.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $500 (Unlawful retention by person without authority — A person lacking authority to retain a public record knowingly refuses to deliver it up upon proper request of someone lawfully entitled to receive it.) | discretionary | SDCL § 22-6-2 |
| Jail / prison | up to 1 year (Unlawful retention by public officer or employee — The knowing refusal to deliver the public record is committed by a public officer or employee who has custody of the record.; county jail) | discretionary | SDCL § 22-6-2 |
| Fine | up to $2,000 (Unlawful retention by public officer or employee — The knowing refusal to deliver the public record is committed by a public officer or employee who has custody of the record.) | discretionary | SDCL § 22-6-2 |
Applies to current.
How is unlawful retention of public record classified in South Dakota?
The classification depends on the circumstances:
| Variant | Classification | When it applies | Statute |
|---|---|---|---|
| Unlawful retention by person without authority | Class 2 Misdemeanor | A person lacking authority to retain a public record knowingly refuses to deliver it up upon proper request of someone lawfully entitled to receive it. | SDCL § 22-11-25undefined |
| Unlawful retention by public officer or employee | Class 1 Misdemeanor | The knowing refusal to deliver the public record is committed by a public officer or employee who has custody of the record. | SDCL § 22-11-25undefined |
Common questions about unlawful retention of public record in South Dakota
Is unlawful retention of public record a felony or a misdemeanor in South Dakota?
It depends on the circumstances: unlawful retention of public record ranges from a Class 2 Misdemeanor to a Class 1 Misdemeanor in South Dakota under SDCL § 22-11-25.
Unlawful retention by person without authority: Class 2 Misdemeanor (SDCL § 22-11-25) · Unlawful retention by public officer or employee: Class 1 Misdemeanor (SDCL § 22-11-25)
What are the penalties for unlawful retention of public record in South Dakota?
Penalties for unlawful retention of public record in South Dakota depend on how it is classified — from a Class 2 Misdemeanor up to a Class 1 Misdemeanor — with the ranges set by SDCL § 22-6-2; the full table of ranges by variant is published on this page.
Which South Dakota statute covers unlawful retention of public record?
Unlawful retention of public record is governed by SDCL § 22-11-25 (Unlawful retention of public record--Misdemeanor).
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.