South Dakota statute

SDCL § 22-32-1 — First degree burglary--Felony

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

Part of Chapter 32: Burglary And Unlawful Entry, South Dakota Codified Laws.

Criminal charges under this statute

First degree burglary

Full text of SDCL § 22-32-1

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 § 22-32-1Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)

Any person who enters or remains in an occupied structure, with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, is guilty of first degree burglary if: (1) The offender inflicts, or attempts or threatens to inflict, physical harm on another; (2) The offender is armed with a dangerous weapon; or (3) The offense is committed in the nighttime. First degree burglary is a Class 2 felony.

Official sources

Official OLLS publication (Title download)

Legal terms used in this section

Questions this section answers

Is first degree burglary a felony or a misdemeanor in South Dakota?

First degree burglary is a Class 2 Felony in South Dakota under SDCL § 22-32-1.

Which South Dakota statute covers first degree burglary?

First degree burglary is governed by SDCL § 22-32-1 (First degree burglary--Felony).

This reference is informational and is not legal advice.