Charges and penalties
How offenses are graded, jail ranges, fines, and repeat offense steps.
24 sections
- Bail After An ArrestSDCL § 23A-43-2 — release on personal recognizance or an unsecured bond, unless the court finds it will not assure appearance
- AssaultSDCL § 22-18-1 — simple assault is a Class 1 misdemeanor, a third within ten years a felony, and aggravated assault a Class 3 felony
- What A Class MeansSDCL § 22-6-1 and SDCL § 22-6-2 — the most a court may impose for each class of felony and misdemeanor
- A Death Behind The WheelSDCL § 22-16-41 — vehicular homicide is a Class 3 felony, with the license revoked for at least ten years
- Breaking A Protection OrderSDCL § 25-10-13 — a Class 1 misdemeanor, a Class 6 felony with an assault or stalking, and felony classes for a third
- Domestic Abuse ChargesSDCL § 25-10-34 — marked as domestic abuse on the charge, and no contact from jail until the first court appearance
- Stalking And HarassmentSDCL § 22-19A-1 — following, credible threats or repeated harassing messages, a Class 1 misdemeanor, and a felony the second time in ten years
- Intimate ImagesSDCL § 22-21-4 — recording or sharing without consent, and a Class 5 felony for a fabricated nude image
- TheftSDCL § 22-30A-17 — petty theft up to $1,000, grand theft above, and the classes climb with the value
- ShopliftingSDCL § 22-30A-19.1 — the retail value plus four times it or one hundred dollars, and a reasonable detention by the store
- Bad ChecksSDCL § 22-30A-24 — theft graded by the face amount, notice of dishonor first, and no prosecution if paid within thirty days
- Identity TheftSDCL § 22-40-8 — using another's identifying information or accounts to deceive or defraud, a Class 6 felony
- Cruelty To AnimalsSDCL § 40-1-2.4 — cruelty is a Class 6 felony, and neglect or abandonment a Class 1 misdemeanor
- Who Cannot CarrySDCL § 22-14-15 — a crime of violence or a drug felony, for fifteen years after discharge, and a year after a domestic violence misdemeanoralso here
- A Gun And A DrinkSDCL § 22-14-7 — a loaded firearm while intoxicated, a reckless shot, and an unmarked trip devicealso here
- Resisting And FleeingSDCL § 22-11-4 and SDCL § 32-33-18 — resisting arrest by force, obstructing an officer, failing to stop and eludingalso here
- Being ArrestedSDCL § 23A-3-2 — when an officer may arrest without a warrant, being told why, and a magistrate without unnecessary delayalso here
- The DUI StopSDCL § 32-23-1 — 0.08 or under the influence, implied consent, a refusal heard at trial, and the classes by offensealso here
- A Repeat DUISDCL § 32-23-4.6 — a fourth offense is a Class 5 felony and a fifth a Class 4, with revocation that does not run while imprisonedalso here
- Minor In PossessionSDCL § 35-9-2 — buying, possessing or drinking under twenty-one, and the call for help that is not prosecutedalso here
- Marijuana And DrugsSDCL § 22-42-6 — two ounces or less is a Class 1 misdemeanor, and more climbs through the felony classesalso here
- Reckless DrivingSDCL § 32-24-1 — reckless driving is a Class 1 misdemeanor, careless driving a Class 2, and a second reckless within a year takes the license for thirty daysalso here
- Driving While SuspendedSDCL § 32-12-65 — a Class 1 misdemeanor when revoked, and a Class 2 when suspended or canceledalso here
- Abuse Of An Older AdultSDCL § 22-46-2 — physical abuse or neglect of an elder is a Class 6 felony, and a report within twenty-four hoursalso here
More on charges and penalties
Walk it through 8
What it carries 38
What the words mean 23
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