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South Dakota statute

SDCL § 22-14-12 — Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence

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

Part of Chapter 14: Unlawful Use Of Weapons, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-14-12

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 § 22-14-12Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any person who commits or attempts to commit any felony while armed with a firearm, including a machine gun or short shotgun, is guilty of a Class 2 felony for the first conviction. A second or subsequent conviction is a Class 1 felony. The sentence imposed for a first conviction under this section shall carry a minimum sentence of imprisonment in a state correctional facility of five years. In case of a second or subsequent conviction under this section such person shall be sentenced to a minimum imprisonment of ten years in a state correctional facility. Any sentence imposed under this section shall be consecutive to any other sentences imposed for a violation of the principal felony. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section.

Official sources

Legal terms used in this section

Questions this section answers

Is commission of felony while armed with firearms a felony or a misdemeanor in South Dakota?

It depends on the circumstances: commission of felony while armed with firearms ranges from a Class 2 Felony to a Class 1 Felony in South Dakota under SDCL § 22-14-12.

First conviction - armed with firearm during felony: Class 2 Felony (SDCL § 22-14-12) · Second or subsequent conviction - armed with firearm during felony: Class 1 Felony (SDCL § 22-14-12)

Which South Dakota statute covers commission of felony while armed with firearms?

Commission of felony while armed with firearms is governed by SDCL § 22-14-12 (Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence).

This reference is informational and is not legal advice.