reglab/housing_qa huggingface dataset:
SD Codified L § 22-6-2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 06 - Authorized Punishments|Section 22-6-2 - Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed.

22-6-2. Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed.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. Source: SDC 1939, §§13.0105, 13.0607; SDCL §22-1-5; SL 1976, ch 158, §§1-3, 6-2, 6-5; SL 1977, ch 189, §17; SL 1978, ch 158, §5; SL 1985, ch 192, §3; SL 1989, ch 255, §2; SL 1990, ch 158, §1; SL 1991, ch 186, §2; SL 1991, ch 187, §4; SL 1991, ch 337, §1; SL 1992, ch 158, §1; SL 1993, ch 172, §1; SL 1994, ch 161; SL 1995, ch 120, §1; SL 1997, ch 126, §1; SL 1997, ch 143, §6; SL 2005, ch 120, §173.
SD Codified L § 22-6-5.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 06 - Authorized Punishments|Section 22-6-5.1 - Double sentence for crime by prisoner-Exception.

22-6-5.1. Double sentence for crime by prisoner-Exception.A court may sentence any person convicted of a crime committed while that person was a prisoner as defined by §22-11A-1, to a term of not more than twice the maximum term allowed by the statute for the commission of the same crime by a person not so confined. However, the provisions of this section do not apply if, for the same offense, the prisoner is subject to an enhanced penalty as an habitual offender. Source: SL 1961, ch 50, §2; SDCL, §23-48-42; SL 1978, ch 185, §18; SL 2005, ch 120, §429; SL 2006, ch 117, §4.
SD Codified L § 22-6-5.2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 06 - Authorized Punishments|Section 22-6-5.2 - Enhanced penalty for second, third, or subsequent violations--Limitation.

22-6-5.2. Enhanced penalty for second, third, or subsequent violations--Limitation.No enhanced penalty may be imposed for any second, third, or subsequent violation, except for an offense pursuant to the provisions of chapter 32-23, unless the defendant was convicted of or plead guilty or nolo contendere to the prior offense previous in time to committing the relevant second, third, or subsequent offense. Source: SL 2005, ch 120, §430; SL 2012, ch 119, §1.
SD Codified L § 22-6-6.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 06 - Authorized Punishments|Section 22-6-6.1 - Concurrent or consecutive sentences at discretion of court.

22-6-6.1. Concurrent or consecutive sentences at discretion of court.If a defendant is convicted of two or more offenses, regardless of when the offenses were committed or when the judgment or sentence is entered, the judgment or sentence may be that the imprisonment on any of the offenses or convictions may run concurrently or consecutively at the discretion of the court. Source: SDC 1939 & Supp 1960, §34.3705; SDCL, §23-48-22; SL 1978, ch 185, §17; SL 1983, ch 175; SL 2001, ch 111, §1; SL 2005, ch 120, §432.
SD Codified L § 22-6-7 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 06 - Authorized Punishments|Section 22-6-7 - Petty offense actions--Procedure.

22-6-7. Petty offense actions--Procedure.Actions for violations of petty offenses are civil proceedings in which the state is the plaintiff. Such actions are governed by chapter 23-1A. Source: SL 1976, ch 158, §6-3; SL 1977, ch 193, §26; SL 2005, ch 120, §433.
SD Codified L § 22-6-8 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 06 - Authorized Punishments|Section 22-6-8 - Restitution to victims at discretion of court.

22-6-8. Restitution to victims at discretion of court.Notwithstanding §22-6-1 or 22-6-2, if there is an insurer, self insurance, reciprocal insurance, or an insurance pool available to compensate the victim by means of a civil liability determination, the court in imposing sentence on a defendant who has been found guilty of a misdemeanor or felony may order that the defendant make restitution to a victim in accordance with the provisions of chapter 23A-28. Source: SL 1998, ch 129, §1; SL 2005, ch 120, §434.
SD Codified L § 22-6-9 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 06 - Authorized Punishments|Section 22-6-9 - Protection order in cases of assault or crimes of violence--Affidavit of injury--Procedures.

22-6-9. Protection order in cases of assault or crimes of violence--Affidavit of injury--Procedures.Any person who has suffered physical injury as a result of an assault or a crime of violence as defined in subdivision 22-1-2(9) may petition the court for a protection order. The petition shall be accompanied by an affidavit made under oath stating the specific facts and circumstances of the injury and the acts which caused the injury. The petition shall be governed by the procedures and penalties described in §§22-19A-8 to 22-19A-16, inclusive. Source: SL 2000, ch 101, §1.
SD Codified L § 22-6-10 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 06 - Authorized Punishments|Section 22-6-10 - Application of penalties provided in SL 2005, ch 120 to offenses committed prior to effective date prohibited.

22-6-10. Application of penalties provided in SL 2005, ch 120 to offenses committed prior to effective date prohibited.Nothing in SL 2005, chapter 120 may be construed to permit the imposition of any lesser or greater penalty that may be provided for in SL 2005, chapter 120 as punishment for any offense which was committed prior in time to July 1, 2006 regardless of when the sentence for such offense may be imposed. Source: SL 2005, ch 120, §435.
SD Codified L § 22-6-11 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 06 - Authorized Punishments|Section 22-6-11 - Presumptive sentence of probation or fully suspended penitentiary sentence--Departure for aggravating circumstances.

22-6-11. Presumptive sentence of probation or fully suspended penitentiary sentence--Departure for aggravating circumstances.The sentencing court shall sentence an offender convicted of a Class 5 or Class 6 felony, except those convicted under §§22-11A-2.1, 22-14-15, 22-18-1, 22-18-1.05, 22-18-26, 22-18-29, 22-19A-1, 22-19A-2, 22-19A-3, 22-19A-7, 22-19A-16, 22-22A-2, 22-22A-4, 22-24A-3, 22-22-24.3, subdivision 22-23-2(2), 22-24-1.2, 22-24B-2, 22-24B-12, 22-24B-12.1, 22-24B-23, 22-30A-46, 22-42-7, subdivision 24-2-14(1), 32-34-5, and any person ineligible for probation under §23A-27-12, to a term of probation. If the offender is under the supervision of the Department of Corrections, the court shall order a fully suspended penitentiary sentence pursuant to §23A-27-18.4. The sentencing court may impose a sentence other than probation or a fully suspended penitentiary sentence if the court finds aggravating circumstances exist that pose a significant risk to the public and require a departure from presumptive probation under this section. If a departure is made, the judge shall state on the record at the time of sentencing the aggravating circumstances and the same shall be stated in the dispositional order. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest. Source: SL 2013, ch 101, §53; SL 2016, ch 137, §4; SL 2017, ch 95, §1; SL 2017, ch 98, §4.
SD Codified L § 22-7-7 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 07 - Habitual Offenders|Section 22-7-7 - One or two prior felony convictions--Sentence increased--Limitation--Felony determination.

22-7-7. One or two prior felony convictions--Sentence increased--Limitation--Felony determination.If a defendant has been convicted of one or two prior felonies under the laws of this state or any other state or the United States, in addition to the principal felony, the sentence for the principal felony shall be enhanced by changing the class of the principal felony to the next class which is more severe, but in no circumstance may the enhancement exceed the sentence for a Class C felony. The determination of whether a prior offense is a felony for purposes of this chapter shall be determined by whether the prior offense was a felony under the laws of this state or under the laws of the United States at the time of conviction of such prior offense. For the purpose of this section, if the principal felony is not classified it shall be enhanced to the class which has an equal maximum imprisonment. For the purposes of this section, if the maximum imprisonment for the principal felony falls between two classifications, the principal felony shall be enhanced to the class which has the less severe maximum authorized imprisonment. Source: SDC 1939, §13.0611; SDCL, §22-7-1; SL 1976, ch 158, §7-2; SL 1977, ch 189, §18; SL 2005, ch 120, §383.
SD Codified L § 22-7-8 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 07 - Habitual Offenders|Section 22-7-8 - Three or more additional felony convictions including one or more crimes of violence--Enhancement of sentence.

22-7-8. Three or more additional felony convictions including one or more crimes of violence--Enhancement of sentence.If a defendant has been convicted of three or more felonies in addition to the principal felony and one or more of the prior felony convictions was for a crime of violence as defined in subdivision 22-1-2(9), the sentence for the principal felony shall be enhanced to the sentence for a Class C felony. Source: SDC 1939, §13.0611; SDCL, §22-7-1; SL 1976, ch 158, §7-3; SL 1977, ch 189, §19; SL 1981, ch 13, §4; SL 1984, ch 166, §1; SL 2005, ch 120, §384.
SD Codified L § 22-7-8.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 07 - Habitual Offenders|Section 22-7-8.1 - Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole.

22-7-8.1. Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole.If a defendant has been convicted of three or more felonies in addition to the principal felony and none of the prior felony convictions was for a crime of violence as defined in subdivision §22-1-2(9), the sentence for the principal felony shall be enhanced by two levels but in no circumstance may the enhancement exceed the sentence for a Class C felony. A defendant sentenced pursuant to this section is eligible for consideration for parole pursuant to §24-15A-32 if the defendant receives a sentence of less than life in prison. Source: SL 1984, ch 166, §2; SL 2005, ch 120, §385; SL 2006, ch 117, §1.
SD Codified L § 22-7-9 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 07 - Habitual Offenders|Section 22-7-9 - Criteria for consideration of prior convictions.

22-7-9. Criteria for consideration of prior convictions.No prior conviction may be considered under either §22-7-7 or 22-7-8 unless the defendant was, on such prior conviction, discharged from prison, jail, probation, or parole within fifteen years of the date of the commission of the principal offense. Moreover, only one prior conviction arising from the same transaction may be considered. Source: SL 1976, ch 158, §7-4; SL 1977, ch 189, §20; SL 2005, ch 120, §386.
SD Codified L § 22-7-11 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 07 - Habitual Offenders|Section 22-7-11 - Habitual criminal information--Filing--Contents--Proof.

22-7-11. Habitual criminal information--Filing--Contents--Proof.Any allegation that a defendant is an habitual criminal shall be filed as a separate information at the time of, or before, arraignment. However, the court may, upon motion, permit the separate information to be filed after the arraignment, but no less than thirty days before the commencement of trial or entry of a plea of guilty or nolo contendre. The information shall state the times, places, and specific crimes alleged to be prior convictions and shall be signed by the prosecutor. An official court record under seal or a criminal history together with fingerprints certified by the public official having custody thereof is sufficient to be admitted in evidence, without further foundation, to prove the allegation that the defendant is an habitual criminal. Source: SL 1959, ch 234; SDC Supp 1960, §343009-1; SL 1961, ch 183; SDCL, §23-32-9; SL 1976, ch 158, §7-5; SL 2004, ch 147, §1; SL 2005, ch 120, §388.
SD Codified L § 22-7-12 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 07 - Habitual Offenders|Section 22-7-12 - Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial.

22-7-12. Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial.The defendant shall be apprised of the contents of the habitual offender information and shall receive a copy of it. The habitual offender information may not be divulged to the jury in any manner unless and until the defendant has been convicted of the principal offense.The defendant shall also be informed of the right to a trial by jury on the issue of whether the defendant is the same person as alleged in the habitual criminal information. Source: SL 1959, ch 234; SDC Supp 1960, §34.3009-1; SL 1961, ch 183; SDCL, §23-32-10; SL 1976, ch 158, §7-6; SL 2005, ch 120, §389.
SD Codified L § 22-8-12 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 08 - Terrorism|Section 22-8-12 - Act of terrorism--Felony.

22-8-12. Act of terrorism--Felony.Any person who commits a crime of violence, as defined by subdivision 22-1-2(9), or an act dangerous to human life involving any use of chemical, biological, or radioactive material, or any explosive or destructive device, with the intent to do any of the following:(1)Intimidate or coerce a civilian population;(2)Influence the policy or conduct of any government or nation;(3)Affect the conduct of any government or nation by assassination or kidnaping; or(4)Substantially impair or interrupt public communications, public transportation, common carriers, public utilities, or other public services;is guilty of an act of terrorism. A violation of this section is a Class C felony. Source: SL 2002, ch 103, §1; SL 2005, ch 120, §188.
SD Codified L § 22-8-13 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 08 - Terrorism|Section 22-8-13 - Terrorist threat--Felony.

22-8-13. Terrorist threat--Felony.Any person who threatens to commit a crime of violence, as defined by subdivision 22-1-2(9), or an act dangerous to human life involving any use of chemical, biological, or radioactive material, or any explosive or destructive device, with the intent to:(1)Intimidate or coerce a civilian population;(2)Influence the policy or conduct of any government or nation;(3)Affect the conduct of any government or nation; or(4)Substantially impair or interrupt public communications, public transportation, common carriers, public utilities, or other public services;is guilty of making a terrorist threat. A violation of this section is a Class 5 felony. Source: SL 2005, ch 120, §189.
SD Codified L § 22-9-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 09 - Misuse Of Flags|Section 22-9-1 - Desecration of flag.

22-9-1. Desecration of flag.Any person who knowingly mutilates, defaces, physically defiles, burns, maintains on the floor or ground, or tramples upon any flag of the United States or flag of the State of South Dakota is guilty of a Class 1 misdemeanor.The term, flag of the United States, as used in this section includes any flag, standard, or colors, or any part thereof, made of any substance and of any size evidently purporting to be the flag, standard, or colors of the United States of America.The term, flag of the State of South Dakota, as used in this section includes any flag, standard, or colors, or any part thereof, made of any substance and of any size evidently purporting to be the flag, standard, or colors of the flag of the State of South Dakota. Source: SDC 1939, §§13.0805, 65.0601; SDCL, §22-9-6; SL 1976, ch 158, §9-1; SL 1985, ch 172; SL 1990, ch 159.
SD Codified L § 22-10-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 10 - Riot And Unlawful Assembly|Section 22-10-1 - Riot--Violation as felony.

22-10-1. Riot--Violation as felony.As used in this chapter, any intentional use of force or violence by three or more persons, acting together and without authority of law, to cause any injury to any person or any damage to property is riot. A violation of this section is a Class 4 felony. Source: SDC 1939, §13.1402; SL 1976, ch 158, §10-1; SL 2005, ch 120, §345; SL 2020, ch 78, § 1.
SD Codified L § 22-10-5 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 10 - Riot And Unlawful Assembly|Section 22-10-5 - Aggravated riot as felony.

22-10-5. Aggravated riot as felony.Any person who carries a dangerous weapon while participating in a riot is guilty of aggravated riot. Aggravated riot is a Class 3 felony. Source: SDC 1939, §13.1404 (3); SL 1976, ch 158, §10-2.
SD Codified L § 22-10-5.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 10 - Riot And Unlawful Assembly|Section 22-10-5.1 - Attempted riot or attempted aggravated riot.

22-10-5.1. Attempted riot or attempted aggravated riot.There is no offense of attempted riot or attempted aggravated riot. Source: SL 2005, ch 120, §346.
SD Codified L § 22-10-9 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 10 - Riot And Unlawful Assembly|Section 22-10-9 - Unlawful assembly--Misdemeanor.

22-10-9. Unlawful assembly--Misdemeanor.Any person who assembles with two or more persons for the purpose of engaging in conduct constituting riot or aggravated riot or who, being present at an assembly that either has or develops such a purpose, remains there, with intent to advance that purpose, is guilty of unlawful assembly. Unlawful assembly is a Class 1 misdemeanor. Source: SDC 1939, §13.1402; SL 1976, ch 158, §10-5; SL 2005, ch 120, §349.
SD Codified L § 22-10-11 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 10 - Riot And Unlawful Assembly|Section 22-10-11 - Refusal to disperse or refrain from riot or unlawful assembly--Misdemeanor.

22-10-11. Refusal to disperse or refrain from riot or unlawful assembly--Misdemeanor.Any person who, during a riot or unlawful assembly, intentionally disobeys a reasonable public safety order to move, disperse, or refrain from specified activities in the immediate vicinity of the riot, is guilty of a Class 1 misdemeanor. A public safety order is any order, the purpose of which is to prevent or control disorder or promote the safety of persons or property, issued by a law enforcement officer or a member of the fire or military forces concerned with the riot or unlawful assembly. Source: SDC 1939, §13.1407; SL 1976, ch 158, §10-6; SL 2005, ch 120, §350.
SD Codified L § 22-10-17 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 10 - Riot And Unlawful Assembly|Section 22-10-17 - Incitement to riot--Violation as felony.

  22-10-17  .  Incitement to riot--Violation as felony.   Any person who, with the intent to cause a riot, commits an act or engages in conduct that urges three or more people, acting together and without authority of law, to use force or violence to cause any injury to any person or any damage to property, under circumstances in which the force or violence is imminent and the urging is likely to incite or produce the use of force or violence, incites riot. For the purposes of this chapter, urging includes instigating, inciting, or directing, but does not include the oral or written advocacy of ideas or expression of belief that does not urge the commission of an act or conduct of imminent force or violence. This section may not be construed to prevent the peaceable assembly of persons for lawful purposes of protest or petition. A violation of this section is a Class 5 felony.     Source:  SL 2020, ch 78, § 4.
SD Codified L § 22-10A-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 10A - Street Gang Activity|Section 22-10A-1 - Definitions.

22-10A-1. Definitions.Terms used in §§22-10A-1 to 22-10A-3, inclusive, mean:(1)"Street gang," any formal or informal ongoing organization, association, or group of three or more persons who have a common name or common identifying signs, colors, or symbols and have members or associates who, individually or collectively, engage in or have engaged in a pattern of street gang activity;(2)"Street gang member," any person who engages in a pattern of street gang activity and who meets two or more of the following criteria:(a)Admits to gang membership;(b)Is identified as a gang member by a documented reliable informant;(c)Resides in or frequents a particular gang's area and adopts its style of dress, its use of hand signs or its tattoos and associates with known gang members;(d)Is identified as a gang member by an informant of previously untested reliability if such identification is corroborated by independent information;(e)Has been arrested more than once in the company of identified gang members for offenses which are consistent with usual gang activity;(f)Is identified as a gang member by physical evidence, such as photographs or other documentation; or(g)Has been stopped in the company of known gang members four or more times; and(3)"Pattern of street gang activity," the commission, attempted commission, or solicitation by any member or members of a street gang of two or more felony or violent misdemeanor offenses on separate occasions within a three-year period for the purpose of furthering gang activity. Source: SL 1992, ch 159, §1; SDCL, §22-10-14; SL 2005, ch 120, §§352, 355.
SD Codified L § 22-10A-2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 10A - Street Gang Activity|Section 22-10A-2 - Reclassification of offense if part of street gang activity.

22-10A-2. Reclassification of offense if part of street gang activity.The penalty for conviction of any offense shall be reclassified to the next highest classification in the penalty schedule if the commission of such offense is part of a pattern of street gang activity. Source: SL 1992, ch 159, §2; SDCL, §22-10-15; SL 2005, ch 120, §§353, 355.
SD Codified L § 22-10A-3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 10A - Street Gang Activity|Section 22-10A-3 - Allegation of gang membership filed as separate information.

22-10A-3. Allegation of gang membership filed as separate information.An allegation that a defendant is a street gang member shall be filed as a separate information at the time of, or before, arraignment. The separate information shall state those criteria, as set forth in subdivision 22-10A-1(2), which allegedly identify the defendant as a street gang member, and shall be signed by the prosecutor. Source: SL 1992, ch 159, §3; SDCL, §22-10-16; SL 2005, ch 120, §§354, 355.
SD Codified L § 22-11-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 11 - Obstruction Of The Administration Of Government|Section 22-11-1 - Resisting execution or service of process.

22-11-1. Resisting execution or service of process.Any person who resists the execution or service of any legal process is guilty of a Class 2 misdemeanor. Source: SDC 1939, §13.1408; SL 1976, ch 158, §11-1; SL 1977, ch 189, §24.