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South Dakota statute

SDCL § 22-11-25 — Unlawful retention of public record--Misdemeanor

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 11: Obstruction Of The Administration Of Government, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-11-25

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 22-11-25Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any person who, lacking the authority to retain a public record in his or her possession, knowingly refuses to deliver it up upon proper request of any person lawfully entitled to receive such record, is guilty of a Class 2 misdemeanor. However, if the knowing refusal to deliver is committed by a public officer or employee having custody of the record, the offense is a Class 1 misdemeanor.

Official sources

Legal terms used in this section

Questions this section answers

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)

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).

This reference is informational and is not legal advice.