South Dakota criminal charge

Violation as misdemeanor in South Dakota

Current through 2026 South Dakota legislative session

Violation as misdemeanor is a criminal offense under South Dakota law, defined by SDCL § 22-25-50. 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 § 22-25-50.

What is the penalty for violation as misdemeanor in South Dakota?

Penalties for Violation as misdemeanor
Penalty	Range	Basis	Authority
Jail / prison	up to 1 year (First violation — Applies to any person who violates the specified provisions for the first time.; county jail)	discretionary	SDCL § 22-6-2
Fine	up to $2,000 (First violation — Applies to any person who violates the specified provisions for the first time.)	discretionary	SDCL § 22-6-2
Jail / prison	up to 2 years (Second or subsequent violation — Applies when a person is convicted of a second or subsequent violation of the specified provisions.)	discretionary	SDCL § 22-6-1
Fine	up to $4,000 (Second or subsequent violation — Applies when a person is convicted of a second or subsequent violation of the specified provisions.)	discretionary	SDCL § 22-6-1

Applies to current.

How is violation as misdemeanor classified in South Dakota?

The classification depends on the circumstances:

Classification variants for Violation as misdemeanor
Variant	Classification	When it applies	Statute
First violation	Class 1 Misdemeanor	Applies to any person who violates the specified provisions for the first time.	SDCL § 22-25-50undefined
Second or subsequent violation	Class 6 Felony	Applies when a person is convicted of a second or subsequent violation of the specified provisions.	SDCL § 22-25-50undefined

Common questions about violation as misdemeanor in South Dakota

Is violation as misdemeanor a felony or a misdemeanor in South Dakota?

It depends on the circumstances: violation as misdemeanor ranges from a Class 1 Misdemeanor to a Class 6 Felony in South Dakota under SDCL § 22-25-50.

First violation: Class 1 Misdemeanor (SDCL § 22-25-50) · Second or subsequent violation: Class 6 Felony (SDCL § 22-25-50)

What are the penalties for violation as misdemeanor in South Dakota?

Penalties for violation as misdemeanor 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 violation as misdemeanor?

Violation as misdemeanor is governed by SDCL § 22-25-50 (Violation as misdemeanor--Second or subsequent 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.