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South Dakota statute

SDCL § 22-6-2 — Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed

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

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

Criminal charges under this statute

Full text of SDCL § 22-6-2

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 § 22-6-2Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction: (1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both; (2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both. The court, in imposing sentence on a defendant who has been found guilty of a misdemeanor, 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. Except in Titles 1 to 20, inclusive, 22, 25 to 28, inclusive, 32 to 36, inclusive, 40 to 42, inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the performance of an act is prohibited by a statute, and no penalty for the violation of such statute is imposed by a statute, the doing of such act is a Class 2 misdemeanor.

Official sources

Legal terms used in this section

Questions this section answers

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 arrest or seizure of property without process in South Dakota?

As a Class 1 Misdemeanor, arrest or seizure of property without process carries up to 1 year (no mandatory minimum) of incarceration and a fine of up to $2,000 (no mandatory minimum) under SDCL § 22-6-2 (current).

What are the penalties for authorization of debtor required for filing of financing statement in South Dakota?

As a Class 1 Misdemeanor, authorization of debtor required for filing of financing statement carries up to 1 year (no mandatory minimum) of incarceration and a fine of up to $2,000 (no mandatory minimum) under SDCL § 22-6-2 (current).

What are the penalties for barratry in South Dakota?

As a Class 2 Misdemeanor, barratry carries up to 30 days (no mandatory minimum) of incarceration and a fine of up to $500 (no mandatory minimum) under SDCL § 22-6-2 (current).

What are the penalties for bond in South Dakota?

As a Class 1 Misdemeanor, bond carries up to 1 year (no mandatory minimum) of incarceration and a fine of up to $2,000 (no mandatory minimum) under SDCL § 22-6-2 (current).

What are the penalties for branding of a minor prohibited in South Dakota?

Penalties for branding of a minor prohibited 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 § 22-6-2 and SDCL § 22-6-1; the full table of ranges by variant is published on this page.

What are the penalties for causing child to be present where methamphetamines used, distributed, or manufactured as misdemeanor in South Dakota?

As a Class 1 Misdemeanor, causing child to be present where methamphetamines used, distributed, or manufactured as misdemeanor carries up to 1 year (no mandatory minimum) of incarceration and a fine of up to $2,000 (no mandatory minimum) under SDCL § 22-6-2 (current).

What are the penalties for coercion to undergo abortion in South Dakota?

Penalties for coercion to undergo abortion 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 § 22-6-2 and SDCL § 22-6-1; the full table of ranges by variant is published on this page.

What are the penalties for commercial bribery in South Dakota?

As a Class 1 Misdemeanor, commercial bribery carries up to 1 year (no mandatory minimum) of incarceration and a fine of up to $2,000 (no mandatory minimum) under SDCL § 22-6-2 (current).

What are the penalties for compelling practice of religion in South Dakota?

As a Class 1 Misdemeanor, compelling practice of religion carries up to 1 year (no mandatory minimum) of incarceration and a fine of up to $2,000 (no mandatory minimum) under SDCL § 22-6-2 (current).

This reference is informational and is not legal advice.