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South Dakota statute

SDCL § 22-6-1 — Felony classes and penalties--Restitution--Habitual criminal sentences

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

Part of Chapter 6: Authorized Punishments, South Dakota Codified Laws.

Full text of SDCL § 22-6-1

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 § 22-6-1Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Except as otherwise provided by law, felonies are divided into the following nine classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction: (1) Class A felony: death or life imprisonment in a state correctional facility. A lesser sentence than death or life imprisonment may not be given for a Class A felony. In addition, a fine of fifty thousand dollars may be imposed; (2) Class B felony: life imprisonment in a state correctional facility. A lesser sentence may not be given for a Class B felony. In addition, a fine of fifty thousand dollars may be imposed; (3) Class C felony: life imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (4) Class 1 felony: fifty years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (5) Class 2 felony: twenty-five years imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed; (6) Class 3 felony: fifteen years imprisonment in a state correctional facility. In addition, a fine of thirty thousand dollars may be imposed; (7) Class 4 felony: ten years imprisonment in a state correctional facility. In addition, a fine of twenty thousand dollars may be imposed; (8) Class 5 felony: five years imprisonment in a state correctional facility. In addition, a fine of ten thousand dollars may be imposed; and (9) Class 6 felony: two years imprisonment in a state correctional facility or a fine of four thousand dollars, or both. If the defendant is under the age of eighteen years at the time of the offense and found guilty of a Class A, B, or C felony, the maximum sentence may be a term of years in a state correctional facility, and a fine of fifty thousand dollars may be imposed. The court, in imposing sentence on a defendant who has been found guilty of a felony, shall order in addition to the sentence that is imposed pursuant to the provisions of this section, that the defendant make restitution to any victim in accordance with the provisions of chapter 23A-28. Nothing in this section limits increased sentences for habitual criminals under §§ 22-7-7, 22-7-8, and 22-7-8.1.

Official sources

Legal terms used in this section

Questions this section answers

What are the penalties for abuse of or cruelty to minor as felony in South Dakota?

Penalties for abuse of or cruelty to minor as felony in South Dakota depend on how it is classified — from a Class 4 Felony up to a Class 3 Felony — with the ranges set by SDCL § 22-6-1; the full table of ranges by variant is published on this page.

What are the penalties for abuse or neglect of elder or adult with a disability in South Dakota?

Penalties for abuse or neglect of elder or adult with a disability in South Dakota depend on how it is classified — from a Class 1 Misdemeanor up to a Class 6 Felony — with the ranges set by SDCL § 22-6-1 and SDCL § 22-6-2; the full table of ranges by variant is published on this page.

What are the penalties for accessory to crime in South Dakota?

Penalties for accessory to crime in South Dakota depend on how it is classified — from a Class 5 Felony up to a Class 4 Felony — with the ranges set by SDCL § 22-6-1; the full table of ranges by variant is published on this page.

What are the penalties for act of terrorism in South Dakota?

As a Class C Felony, act of terrorism carries up to life imprisonment in a state correctional facility of incarceration and a fine of up to $50,000 (no mandatory minimum) under SDCL § 22-6-1 (current).

What are the penalties for action by which claimant commits an offense in South Dakota?

As a Class 5 Felony, action by which claimant commits an offense carries up to 5 years (no mandatory minimum) of incarceration and a fine of up to $10,000 (no mandatory minimum) under SDCL § 22-6-1 (current).

What are the penalties for action of person aiding provider with goods or services or referring individuals to provider for which additional value received an offense in South Dakota?

As a Class 5 Felony, action of person aiding provider with goods or services or referring individuals to provider for which additional value received an offense carries up to 5 years (no mandatory minimum) of incarceration and a fine of up to $10,000 (no mandatory minimum) under SDCL § 22-6-1 (current).

What are the penalties for aggravated assault in South Dakota?

As a Class 3 Felony, aggravated assault carries up to 15 years (no mandatory minimum) of incarceration and a fine of up to $30,000 (no mandatory minimum) under SDCL § 22-6-1 (current).

What are the penalties for aggravated battery of an infant in South Dakota?

Penalties for aggravated battery of an infant in South Dakota depend on how it is classified — from a Class 2 Felony up to a Class 1 Felony — with the ranges set by SDCL § 22-6-1; the full table of ranges by variant is published on this page.

What are the penalties for aggravated criminal battery of an unborn child in South Dakota?

As a Class 3 Felony, aggravated criminal battery of an unborn child carries up to 15 years (no mandatory minimum) of incarceration and a fine of up to $30,000 (no mandatory minimum) under SDCL § 22-6-1 (current).

What are the penalties for aggravated criminal entry of a motor vehicle in South Dakota?

As a Class 6 Felony, aggravated criminal entry of a motor vehicle carries up to 2 years (no mandatory minimum) of incarceration and a fine of up to $4,000 (no mandatory minimum) under SDCL § 22-6-1 (current).

This reference is informational and is not legal advice.