WHAT EACH CHARGE CARRIES

38 charges people actually meet, each with the section it comes from, what it requires the state to show, and the most it can carry. South Dakota sorts every crime into a class, and each class carries a fixed longest term and fine, so each level here names the class the offense section assigns.

Find a charge

38 charges

Theft

CLASS 2 MISD to CLASS 2 FELONY · up to 25 years

Also searched as petty theft, grand theft, stealing, larceny

Taking or exercising unauthorized control over another's property with intent to deprive them of it, graded by value.

Class and maximums for Theft
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenPetty theft, second degree: four hundred dollars or less
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenPetty theft, first degree: over four hundred dollars, up to one thousand dollars
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenOver one thousand dollars, up to two thousand five hundred dollars, or a firearm, livestock or anything taken from the person
CLASS 5 FELONYClass 5 felony	Up to 5 yearsUp to $10,000 fine	WhenOver two thousand five hundred dollars, up to five thousand dollars
CLASS 4 FELONYClass 4 felony	Up to 10 yearsUp to $20,000 fine	WhenOver five thousand dollars, up to one hundred thousand dollars
CLASS 3 FELONYClass 3 felony	Up to 15 yearsUp to $30,000 fine	WhenOver one hundred thousand dollars, up to five hundred thousand dollars
CLASS 2 FELONYClass 2 felony	Up to 25 yearsUp to $50,000 fine	WhenAggravated grand theft: over five hundred thousand dollars

Read the section →

Theft by insufficient funds check

CLASS 2 MISD to CLASS 6 FELONY · up to 2 years

Also searched as bad check, bounced check, NSF check

Passing a check with intent to defraud, knowing the account lacks the funds to pay it on presentation, graded as theft by the check's face amount.

Class and maximums for Theft by insufficient funds check
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenFour hundred dollars or less
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenOver four hundred dollars, up to one thousand dollars
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenOver one thousand dollars, up to two thousand five hundred dollars

Paying the check and the costs within thirty days of the notice of dishonor bars prosecution.

Read the section →

Identity theft

CLASS 6 FELONY · up to 2 years

Also searched as identity fraud, using someone's name

Without permission and with intent to deceive or defraud, using another's identifying information or reaching their financial resources through it.

Class and maximums for Identity theft
Class	Up to	When
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenAny violation

Read the section →

Abuse or neglect of an elder or adult with a disability

CLASS 1 MISD to CLASS 6 FELONY · up to 2 years

Also searched as elder abuse, vulnerable adult abuse

Physically abusing or neglecting, or emotionally or psychologically abusing, a person sixty-five years of age or older or an adult with a disability.

Class and maximums for Abuse or neglect of an elder or adult with a disability
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenEmotional or psychological abuse
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenPhysical abuse or neglect, short of aggravated assault

Read the section →

Driving under the influence

CLASS 1 MISD to CLASS 4 FELONY · up to 10 years

Also searched as DUI, drunk driving, DWI

Driving or being in actual physical control of a vehicle at 0.08 percent or more, or under the influence of alcohol, marijuana or a drug.

Class and maximums for Driving under the influence
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenA first or second offense
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenA third offense
CLASS 5 FELONYClass 5 felony	Up to 5 yearsUp to $10,000 fine	WhenA fourth offense
CLASS 4 FELONYClass 4 felony	Up to 10 yearsUp to $20,000 fine	WhenA fifth or later offense

The court also revokes the license: not less than thirty days on a first offense, rising with each one after.

Read the section →

Driving under twenty-one after drinking

CLASS 2 MISD · up to 30 days in a county jail

Also searched as zero tolerance, underage DUI

Driving under the age of twenty-one with 0.02 percent or more alcohol, or while evidence of marijuana or an unprescribed drug remains in the body.

Class and maximums for Driving under twenty-one after drinking
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenAny violation

The license is suspended for thirty days on a first offense, one hundred eighty days on a second, and one year on a third.

Read the section →

Vehicular homicide

CLASS 3 FELONY · up to 15 years

Also searched as DUI death, killing someone while driving drunk

Driving negligently while under the influence and thereby causing the death of another person, including an unborn child.

Class and maximums for Vehicular homicide
Class	Up to	When
CLASS 3 FELONYClass 3 felony	Up to 15 yearsUp to $30,000 fine	WhenAny violation

The license is revoked for not less than ten years from sentencing or from release, whichever is later.

Read the section →

Reckless driving

CLASS 1 MISD · up to 1 year in a county jail

Also searched as reckless endangerment in a car

Driving carelessly and heedlessly in disregard of the rights or safety of others, or so as to endanger any person or property.

Class and maximums for Reckless driving
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenAny violation

A second within one year also brings a thirty day revocation.

Read the section →

Careless driving

CLASS 2 MISD · up to 30 days in a county jail

Also searched as inattentive driving, careless operation

Driving carelessly and without due caution so as to endanger a person or property, not amounting to reckless driving.

Class and maximums for Careless driving
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenAny violation

Read the section →

Failure to stop and eluding

CLASS 2 MISD to CLASS 1 MISD · up to 1 year in a county jail

Also searched as fleeing police, running from the police

Intentionally failing to stop at an officer's signal, and then fleeing or trying to elude the officer.

Class and maximums for Failure to stop and eluding
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenFailure to stop at the signal
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenThird degree eluding: fleeing after failing to stop

For either, the court may revoke the license for up to one year.

Read the section →

Leaving the scene of a crash

CLASS 2 MISD to CLASS 6 FELONY · up to 2 years

Also searched as hit and run

Failing to stop, give a name, address and license number, and render aid after a crash, or to leave a note after hitting unattended property.

Class and maximums for Leaving the scene of a crash
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenUnattended vehicle or property, no note or report
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenA crash that injured or killed someone

Read the section →

Driving while revoked, suspended or canceled

CLASS 2 MISD to CLASS 1 MISD · up to 1 year in a county jail

Also searched as driving on a suspended license, DWR, DUS

Driving a motor vehicle on a public highway while the privilege to drive is revoked, suspended or canceled.

Class and maximums for Driving while revoked, suspended or canceled
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenSuspended or canceled
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenRevoked

Read the section →

Failure to maintain financial responsibility

CLASS 2 MISD · up to 30 days in a county jail

Also searched as no insurance, driving uninsured

Failing, as a driver or owner, to keep insurance or another form of financial responsibility in force on a motor vehicle at all times.

Class and maximums for Failure to maintain financial responsibility
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenAny violation

A driver who was insured when cited can have the case dismissed by showing written evidence to the magistrate.

Read the section →

Speeding

CLASS 2 MISD · up to 30 days in a county jail

Also searched as speeding ticket, too fast for conditions

Driving faster than the statutory or posted limit, or faster than is reasonable and prudent under the conditions.

Class and maximums for Speeding
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenAny violation

Read the section →

Passing a stopped school bus

CLASS 1 MISD · up to 1 year in a county jail

Also searched as school bus violation

Failing to slow for a school bus's amber lights, or to stop at least fifteen feet back while its red lights flash.

Class and maximums for Passing a stopped school bus
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenAny violation

Read the section →

Failing to move over

CLASS 2 MISD to CLASS 1 MISD · up to 1 year in a county jail

Also searched as move over law

Failing to change lanes or slow down approaching a stopped emergency vehicle showing its red lights.

Class and maximums for Failing to move over
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailAt least $270, up to $500 fine	WhenAny violation
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenCausing a crash with the stopped vehicle

Read the section →

Using a phone while driving

CLASS 2 MISD · up to 30 days in a county jail

Also searched as texting and driving, distracted driving

Operating a motor vehicle while using a mobile electronic device, outside calls, navigation, hands-free use and emergencies.

Class and maximums for Using a phone while driving
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenAny violation

Read the section →

Parking in a disability space

CLASS 2 MISD · up to 30 days in a county jail

Also searched as handicap parking

Parking in or blocking a space reserved for a person with a physical disability without the certificate or special plate.

Class and maximums for Parking in a disability space
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailAt least $100 where the space is marked to the federal guidelines, up to $500 fine	WhenAny violation

Read the section →

Open container in a vehicle

CLASS 2 MISD · up to 30 days in a county jail

Also searched as open bottle, open can in the car

Drinking, or having an open container of alcohol within reach, while occupying a motor vehicle on a public highway.

Class and maximums for Open container in a vehicle
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenAny violation

Read the section →

Drinking distilled spirits in public

CLASS 2 MISD · up to 30 days in a county jail

Also searched as drinking in public, liquor in public

Consuming distilled spirits in a public place, including a street or highway, outside a licensed or permitted location.

Class and maximums for Drinking distilled spirits in public
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenAny violation

Read the section →

Underage purchase, possession or consumption

CLASS 2 MISD · up to 30 days in a county jail

Also searched as minor in possession, MIP, underage drinking, fake ID

A person under the age of twenty-one years buying, possessing or drinking alcohol, or using a document to misrepresent age to buy it.

Class and maximums for Underage purchase, possession or consumption
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenAny violation

Calling for help for someone in need, staying and cooperating, bars the charge.

Read the section →

Possession of marijuana

CLASS 1 MISD to CLASS 3 FELONY · up to 15 years

Also searched as weed possession, pot charge

Knowingly possessing marijuana, graded by amount, outside the protection of a medical cannabis card.

Class and maximums for Possession of marijuana
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenTwo ounces or less
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenMore than two ounces, less than a half pound
CLASS 5 FELONYClass 5 felony	Up to 5 yearsUp to $10,000 fine	WhenA half pound, less than a pound
CLASS 4 FELONYClass 4 felony	Up to 10 yearsUp to $20,000 fine	WhenA pound to ten pounds
CLASS 3 FELONYClass 3 felony	Up to 15 yearsUp to $30,000 fine	WhenMore than ten pounds

A civil penalty of up to ten thousand dollars may be added.

Read the section →

Possession of a controlled substance

CLASS 6 FELONY to CLASS 5 FELONY · up to 5 years

Also searched as drug possession

Knowingly possessing a controlled substance without a valid prescription or other authorization.

Class and maximums for Possession of a controlled substance
Class	Up to	When
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenSchedule III or IV
CLASS 5 FELONYClass 5 felony	Up to 5 yearsUp to $10,000 fine	WhenSchedule I or II

Read the section →

Firearm possession by a prohibited person

CLASS 1 MISD to CLASS 6 FELONY · up to 2 years

Also searched as felon in possession

Possessing or controlling a firearm after a conviction for a crime of violence or listed drug felony, or within a year of a domestic violence misdemeanor.

Class and maximums for Firearm possession by a prohibited person
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenWithin one year of a domestic violence misdemeanor
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenAfter a crime of violence or listed drug felony

Read the section →

A minor possessing a pistol

CLASS 1 MISD · up to 1 year in a county jail

Also searched as juvenile with a handgun, minor with a gun

A person under the age of eighteen years knowingly possessing a pistol.

Class and maximums for A minor possessing a pistol
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenAny violation

Read the section →

A weapon at a school or courthouse

CLASS 1 MISD · up to 1 year in a county jail

Also searched as gun at school, gun in courthouse

Having a firearm or other dangerous weapon on public school premises or vehicles, or in a county courthouse or the state capitol, outside the exceptions.

Class and maximums for A weapon at a school or courthouse
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenAny violation

Read the section →

A loaded firearm while intoxicated

CLASS 1 MISD · up to 1 year in a county jail

Also searched as carrying drunk, reckless discharge

Having a loaded firearm in personal possession while intoxicated, recklessly discharging a firearm, or leaving an unmarked trip device.

Class and maximums for A loaded firearm while intoxicated
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenAny violation

Read the section →

Eavesdropping

CLASS 5 FELONY · up to 5 years

Also searched as illegal recording, wiretapping

Using an eavesdropping device to overhear or record a communication or conversation without the consent of a party to it.

Class and maximums for Eavesdropping
Class	Up to	When
CLASS 5 FELONYClass 5 felony	Up to 5 yearsUp to $10,000 fine	WhenAny violation

Read the section →

Disorderly conduct

CLASS 2 MISD to CLASS 1 MISD · up to 1 year in a county jail

Also searched as disturbing the peace

Fighting, unreasonable noise, disturbing a lawful meeting or blocking traffic, intending serious public inconvenience, annoyance or alarm.

Class and maximums for Disorderly conduct
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenA first, second or third offense
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenA fourth or later within ten years

Read the section →

Trespass

CLASS 2 MISD to CLASS 1 MISD · up to 1 year in a county jail

Also searched as criminal trespass, refusing to leave

Entering or remaining where notice against trespass was given, or in a building surreptitiously, knowing there is no privilege to.

Class and maximums for Trespass
Class	Up to	When
CLASS 2 MISDClass 2 misdemeanor	Up to 30 days in a county jailUp to $500 fine	WhenAfter notice by word, posting or fence
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenCriminal trespass: defying an order to leave, or a building entered surreptitiously

Read the section →

Resisting arrest or obstructing an officer

CLASS 1 MISD · up to 1 year in a county jail

Also searched as resisting, obstruction

Preventing an arrest by force or threats of it, or hindering an officer's enforcement of the law by violence, force or physical interference.

Class and maximums for Resisting arrest or obstructing an officer
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenEither offense

Read the section →

Simple assault

CLASS 1 MISD to CLASS 4 FELONY · up to 10 years

Also searched as assault

Attempting or recklessly causing bodily injury, or putting someone in fear of imminent bodily harm by physical menace or a credible threat.

Class and maximums for Simple assault
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenA first or second offense
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenA third within ten years
CLASS 5 FELONYClass 5 felony	Up to 5 yearsUp to $10,000 fine	WhenA fourth within ten years
CLASS 4 FELONYClass 4 felony	Up to 10 yearsUp to $20,000 fine	WhenA fifth or later within ten years

Read the section →

Aggravated assault

CLASS 3 FELONY · up to 15 years

Also searched as assault with a weapon, strangulation

Serious bodily injury with extreme indifference, injury with a dangerous weapon, menacing with a deadly weapon, or impeding breathing by the throat or neck.

Class and maximums for Aggravated assault
Class	Up to	When
CLASS 3 FELONYClass 3 felony	Up to 15 yearsUp to $30,000 fine	WhenAny violation

Read the section →

Stalking

CLASS 1 MISD to CLASS 6 FELONY · up to 2 years

Also searched as harassment, cyberstalking

Willfully, maliciously and repeatedly following or harassing someone, by any means, or making a credible threat of death or great bodily injury.

Class and maximums for Stalking
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenA first offense
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenA second within ten years, or stalking someone an order already protects

Read the section →

Violating a protection order

CLASS 1 MISD to CLASS 4 FELONY · up to 10 years

Also searched as violating a restraining order, no contact order violation

Knowingly violating a temporary or final protection order or a no contact order.

Class and maximums for Violating a protection order
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenA first or second violation
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenA violation that is also an assault or stalking, or a third within ten years
CLASS 5 FELONYClass 5 felony	Up to 5 yearsUp to $10,000 fine	WhenA fourth within ten years
CLASS 4 FELONYClass 4 felony	Up to 10 yearsUp to $20,000 fine	WhenA fifth or later within ten years

Read the section →

Prohibited recording or manipulated image

CLASS 1 MISD to CLASS 5 FELONY · up to 5 years

Also searched as revenge porn, deepfake, voyeurism

Recording or sharing a person unclothed without consent, or creating a fabricated image of them nude or in a sexual act, to harm or harass.

Class and maximums for Prohibited recording or manipulated image
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenRecording or sharing, a first offense
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenA later offense, or a victim seventeen years of age or younger and an offender at least twenty-one years of age
CLASS 5 FELONYClass 5 felony	Up to 5 yearsUp to $10,000 fine	WhenA digitally fabricated image

Read the section →

Cruelty to animals

CLASS 1 MISD to CLASS 6 FELONY · up to 2 years

Also searched as animal abuse, animal neglect

Subjecting an animal to cruelty, or neglecting, abandoning or mistreating an animal one owns or cares for.

Class and maximums for Cruelty to animals
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenNeglect, abandonment or mistreatment
CLASS 6 FELONYClass 6 felony	Up to 2 yearsUp to $4,000 fine	WhenCruelty

Read the section →

Failing to report child abuse

CLASS 1 MISD · up to 1 year in a county jail

Also searched as mandatory reporter violation, not reporting abuse

A mandatory reporter with reasonable cause to suspect a child has been abused or neglected intentionally failing to report it.

Class and maximums for Failing to report child abuse
Class	Up to	When
CLASS 1 MISDClass 1 misdemeanor	Up to 1 year in a county jailUp to $2,000 fine	WhenAny violation

Read the section →

Every class on this page, for reference

The terms and fines come from the two class sections, 22-6-1 for felonies and 22-6-2 for misdemeanors. Petty offenses carry no jail, so they are not on the ladder.

CLASS 2 MISDClass 2 misdemeanorUp to 30 days in a county jailUp to $500
CLASS 1 MISDClass 1 misdemeanorUp to 1 year in a county jailUp to $2,000
CLASS 6 FELONYClass 6 felonyUp to 2 yearsUp to $4,000
CLASS 5 FELONYClass 5 felonyUp to 5 yearsUp to $10,000
CLASS 4 FELONYClass 4 felonyUp to 10 yearsUp to $20,000
CLASS 3 FELONYClass 3 felonyUp to 15 yearsUp to $30,000
CLASS 2 FELONYClass 2 felonyUp to 25 yearsUp to $50,000

Words on a charging document

Terms with a legal meaning that is narrower than the everyday one. Each links to the definition and the authority behind it.

23 words

About this guide — maximums, not predictions. What a specific case carries turns on priors, the facts, and the court, and only a licensed South Dakota attorney can tell you what yours is. Current as of October 2026.