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South Dakota statute

SDCL § 22-34-1 — Intentional damage to property--Degree of offense according to value

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

Part of Chapter 34: Vandalism And Injuries To Property, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-34-1

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 § 22-34-1Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any person who, with specific intent to do so, injures, damages, or destroys: (1) Public property without the lawful consent of the appropriate governing body having jurisdiction thereof; or (2) Private property in which any other person has an interest, without the consent of the other person; is guilty of intentional damage to property. Intentional damage to property is a Class 2 misdemeanor if the damage to property is four hundred dollars or less. Intentional damage to property is a Class 1 misdemeanor if the damage to property is one thousand dollars or less, but more than four hundred dollars. Intentional damage to property is a Class 6 felony if the damage to property is two thousand five hundred dollars or less, but more than one thousand dollars. Intentional damage to property is a Class 5 felony if the damage to property is five thousand dollars or less, but more than two thousand five hundred dollars. Intentional damage to property is a Class 4 felony if the damage to property is one hundred thousand dollars or less, but more than five thousand dollars. Intentional damage to property is a Class 3 felony if the damage to property is five hundred thousand dollars or less, but more than one hundred thousand dollars. Intentional damage to property is aggravated intentional damage to property if the damage to property is more than five hundred thousand dollars. Aggravated intentional damage to property is a Class 2 felony. The provisions of this section do not apply if the intentional damage to property was accomplished by arson or reckless burning or exploding pursuant to chapter 22-33.

Official sources

Legal terms used in this section

Questions this section answers

Is intentional damage to property a felony or a misdemeanor in South Dakota?

It depends on the circumstances: intentional damage to property ranges from a Class 2 Misdemeanor to a Class 2 Felony in South Dakota under SDCL § 22-34-1.

Damage <= $400: Class 2 Misdemeanor (SDCL § 22-34-1) · Damage > $400 and <= $1,000: Class 1 Misdemeanor (SDCL § 22-34-1) · Damage > $1,000 and <= $2,500: Class 6 Felony (SDCL § 22-34-1) · Damage > $2,500 and <= $5,000: Class 5 Felony (SDCL § 22-34-1) · Damage > $5,000 and <= $100,000: Class 4 Felony (SDCL § 22-34-1) · Damage > $100,000 and <= $500,000: Class 3 Felony (SDCL § 22-34-1) · Aggravated intentional damage to property (>$500,000): Class 2 Felony (SDCL § 22-34-1)

Which South Dakota statute covers intentional damage to property?

Intentional damage to property is governed by SDCL § 22-34-1 (Intentional damage to property--Degree of offense according to value).

This reference is informational and is not legal advice.