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South Dakota statute

SDCL § 22-19-1.1 — Kidnapping in the second degree

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

Part of Chapter 19: Kidnapping, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-19-1.1

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 § 22-19-1.1Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any person who unlawfully holds or retains another person with any of the following purposes: (1) To hold for ransom or reward, or as a shield or hostage; or (2) To facilitate the commission of any felony or flight thereafter; or (3) To inflict bodily injury on or to terrorize the victim or another; or (4) To interfere with the performance of any governmental or political function; or (5) To take or entice away a child under the age of fourteen years with intent to detain and conceal such child; is guilty of kidnapping in the second degree. Kidnapping in the second degree is a Class 3 felony, unless the person has inflicted serious bodily injury on the victim in which case it is aggravated kidnapping in the second degree and is a Class 1 felony.

Official sources

Legal terms used in this section

Questions this section answers

Is kidnapping in the second degree a felony or a misdemeanor in South Dakota?

It depends on the circumstances: kidnapping in the second degree ranges from a Class 3 Felony to a Class 1 Felony in South Dakota under SDCL § 22-19-1.1.

Kidnapping in the second degree (base offense): Class 3 Felony (SDCL § 22-19-1.1) · Aggravated kidnapping in the second degree — serious bodily injury: Class 1 Felony (SDCL § 22-19-1.1)

Which South Dakota statute covers kidnapping in the second degree?

Kidnapping in the second degree is governed by SDCL § 22-19-1.1 (Kidnapping in the second degree).

This reference is informational and is not legal advice.