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South Dakota statute

SDCL § 22-3-5 — Accessory to crime--Misdemeanor excepted--"Render assistance" defined--Penalty

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

Part of Chapter 3: Parties To Crimes, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-3-5

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 § 22-3-5Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
A person is an accessory to a crime, if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a felony, that person renders assistance to the other person. There are no accessories to misdemeanors. The term, render assistance, means to: (1) Harbor or conceal the other person; (2) Warn the other person of impending discovery or apprehension, other than a warning given in an effort to bring the other person into compliance with the law; (3) Provide the other person with money, transportation, a weapon, a disguise, or any other thing to be used in avoiding discovery or apprehension; (4) Obstruct anyone by force, intimidation, or deception in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person; or (5) Conceal, destroy, or alter any physical evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person. A violation of this section is a Class 5 felony. A violation of this section is a Class 4 felony if the person is an accessory to the crime of murder in the first degree pursuant to § 22-16-4 or murder in the second degree pursuant to § 22-16-7.

Official sources

Legal terms used in this section

Questions this section answers

Is accessory to crime a felony or a misdemeanor in South Dakota?

It depends on the circumstances: accessory to crime ranges from a Class 5 Felony to a Class 4 Felony in South Dakota under SDCL § 22-3-5.

Accessory to crime (general): Class 5 Felony (SDCL § 22-3-5) · Accessory to murder (first or second degree): Class 4 Felony (SDCL § 22-3-5)

Which South Dakota statute covers accessory to crime?

Accessory to crime is governed by SDCL § 22-3-5 (Accessory to crime--Misdemeanor excepted--"Render assistance" defined--Penalty).

This reference is informational and is not legal advice.