reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 68 - Limitation Of Liability For Exposure To Covid-19 › Section 21-68-2 - Limitation--Actions--Diagnosis--Intentional exposure.

21-68-2. Limitation--Actions--Diagnosis--Intentional exposure.
A person may not bring or maintain any action or claim for damages or relief alleging exposure or potential exposure to COVID-19 unless the exposure results in a COVID-19 diagnosis and the exposure is the result of intentional exposure with the intent to transmit COVID-19. In alleging intentional exposure with the intent to transmit COVID-19, a party shall state with particularity the circumstances constituting intentional exposure with the intent to transmit COVID-19 including all duty, breach, and intent elements and establish all elements by clear and convincing evidence.
Source:
SL 2021, ch 91, § 2.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 68 - Limitation Of Liability For Exposure To Covid-19 › Section 21-68-3 - Limitation--Actions--Owner--Premises.

21-68-3. Limitation--Actions--Owner--Premises.
A person who possesses or is in control of a premises, including a tenant, lessee, or occupant of a premises, who directly or indirectly invites or permits an individual onto a premises, shall not be liable for damages for any injuries sustained from the individual's exposure to COVID-19, whether the exposure occurs on the premises or during any activity managed by the person who possesses or is in control of a premises unless the person who possesses or is in control of the premises intentionally exposes the individual to COVID-19 with the intent to transmit COVID-19. In alleging intentional exposure with the intent to transmit COVID-19, a party must state with particularity the circumstances constituting intentional exposure with the intent to transmit COVID-19 including all duty, breach, and intent elements and establish all elements by clear and convincing evidence.
Source:
SL 2021, ch 91, § 3.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 68 - Limitation Of Liability For Exposure To Covid-19 › Section 21-68-4 - Limitation--Actions--Health care provider.

21-68-4. Limitation--Actions--Health care provider.
A health care provider is not liable for any damages for causing or contributing, directly or indirectly, to the death or injury of a person as a result of the health care provider's acts or omissions in response to COVID-19. This section applies to all of the following:
(1)Injury or death resulting from screening, assessing, diagnosing, caring for, or treating persons with a suspected or confirmed case of COVID-19;
(2)Prescribing, administering, or dispensing a pharmaceutical for off-label use to treat a patient with a suspected or confirmed case of COVID-19; and
(3)Acts or omissions while providing health care to persons unrelated to COVID-19 if those acts or omissions support the state's response to COVID-19, including any of the following:
(a)Delaying or canceling nonurgent or elective dental, medical, or surgical procedures, or altering the diagnosis or treatment of a person in response to any federal or state statute, regulation, order, or public health guidance;
(b)Diagnosing or treating patients outside the normal scope of the health care provider's license or practice;
(c)Using medical devices, equipment, or supplies outside of their normal use for the provision of health care, including using or modifying medical devices, equipment, or supplies for an unapproved use;
(d)Conducting tests or providing treatment to any person outside the premises of a health care facility;
(e)Acts or omissions undertaken by a health care provider because of a lack of staffing, facilities, medical devices, equipment, supplies, or other resources attributable to COVID-19 that renders the health care provider unable to provide the level or manner of care to any person that otherwise would have been required in the absence of COVID-19; and
(f)Acts or omissions undertaken by a health care provider relating to the use or nonuse of personal protective equipment.
This section does not relieve any person or health care provider of liability for civil damages for any act or omission that constitutes gross negligence, recklessness, or willful misconduct.
Source:
SL 2021, ch 91, § 4.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 68 - Limitation Of Liability For Exposure To Covid-19 › Section 21-68-5 - Limitation--Actions--Personal protective equipment.

21-68-5. Limitation--Actions--Personal protective equipment.
Any person that designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from the design, manufacturing, labeling, selling, distributing, or donating of the disinfecting or cleaning supplies, personal protective equipment, or a qualified product.
Any person that designs, manufactures, labels, sells, distributes, or donates disinfecting or cleaning supplies, personal protective equipment, or a qualified product in response to COVID-19 is not liable in a civil action alleging personal injury, death, or property damage caused by or resulting from a failure to provide proper instructions or sufficient warnings.
This section does not relieve any person of liability for civil damages for any act or omission that constitutes gross negligence, recklessness, or willful misconduct.
Source:
SL 2021, ch 91, § 5.
2023 South Dakota Codified Laws › Title 21 - Judicial Remedies › Chapter 68 - Limitation Of Liability For Exposure To Covid-19 › Section 21-68-6 - Construction.

21-68-6. Construction.
This chapter may not be construed to do any of the following:
(1)Create, recognize, or ratify a claim or cause of action of any kind;
(2)Eliminate or satisfy a required element of a claim or cause of action of any kind;
(3)Deem COVID-19 an occupational disease. COVID-19 is not an occupational disease under state law; or
(4)Abrogate, amend, repeal, alter, or affect any statutory or common law immunity or limitation of liability.
Source:
SL 2021, ch 91, § 6.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 01 - Definitions And General Provisions › Section 22-1-1 - Common-law rule of strict construction abrogated.

22-1-1. Common-law rule of strict construction abrogated.
The rule of the common law that penal statutes are to be strictly construed has no application to this title. All its criminal and penal provisions and all penal statutes shall be construed according to the fair import of their terms, with a view to effect their objects and promote justice.
Source:
SDC 1939, §13.0101; SL 1977, ch 189, §1; SL 2005, ch 120, §356.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 01 - Definitions And General Provisions › Section 22-1-4 - Felony and misdemeanor distinguished.

22-1-4. Felony and misdemeanor distinguished.
Any crime is either a felony or a misdemeanor. A felony is a crime which is or may be punishable by imprisonment in a state correctional facility. Every other crime is a misdemeanor.
Source: SDC 1939, §13.0103; SL 1976, ch 158, §1-7; SL 2005, ch 120, §359; SL 2023, ch 82, §9.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 01 - Definitions And General Provisions › Section 22-1-6 - Performance of required act by another.

22-1-6. Performance of required act by another.
No person may be convicted for the failure to perform an act if the act has been performed by another person, acting on the other person's behalf, who is competent by law to perform it.
Source:
SDC 1939, §13.0106; SL 1976, ch 158, §1-4; SL 2005, ch 120, §360.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 01 - Definitions And General Provisions › Section 22-1-7 - Completion of crime involving dispatch of letter.

22-1-7. Completion of crime involving dispatch of letter.
In the various cases in which the sending of a letter is made criminal by the statutes of this state, the offense is deemed complete from the time when such letter is deposited in any post office or any other place or delivered to any person with intent that it be forwarded.
Source:
SDC 1939, §13.0107; SL 1976, ch 158, §1-8; SL 2005, ch 120, §361.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 01 - Definitions And General Provisions › Section 22-1-8 - Act not deemed criminal unless prohibited by statute.

22-1-8. Act not deemed criminal unless prohibited by statute.
No act or omission may be deemed criminal or punishable except as prescribed or authorized by this title or by some other statute of this state.
Source:
SDC 1939, §13.0103; SL 2005, ch 120, §362.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 01 - Definitions And General Provisions › Section 22-1-9 - Official possession of prohibited objects permitted.

22-1-9. Official possession of prohibited objects permitted.
If the possession of an object is made an offense, no law enforcement officer may be convicted of that offense if that law enforcement officer came into and retained possession of that object in the course of performing official duties.
Source:
SL 1976, ch 158, §1-5; SL 2005, ch 120, §363.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 02 - Remedies Other Than Criminal Prosecution › Section 22-2-1 - Civil remedy not affected by failure to affirm civil liability.

22-2-1. Civil remedy not affected by failure to affirm civil liability.
The omission to specify or affirm in this title any liability to any damages, penalty, forfeiture, or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding for any act or omission declared punishable in this title does not affect any right to recover or enforce the same.
Source:
SDC 1939, §13.0110; SL 2005, ch 120, §367.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 02 - Remedies Other Than Criminal Prosecution › Section 22-2-2 - Remedies against public officer not affected by failure to specify forfeiture.

22-2-2. Remedies against public officer not affected by failure to specify forfeiture.
The omission to specify or affirm in this title any ground of forfeiture of a public office or other trust or special authority conferred by law to impeach, remove, depose, or suspend any public officer or other person holding any trust, appointment, or other special authority conferred by law does not affect such forfeiture or power or any proceeding authorized by law to carry into effect such impeachment, removal, deposition, or suspension.
Source:
SDC 1939, §13.0111.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 02 - Remedies Other Than Criminal Prosecution › Section 22-2-3 - Acts punishable under law of different sovereign.

22-2-3. Acts punishable under law of different sovereign.
No act or omission declared punishable by any statute of this state is less so because it is also punishable under the laws of another state, government, or country, unless the contrary is expressly declared by statute.
Source:
SDC 1939, §13.0108; SL 2005, ch 120, §368.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 02 - Remedies Other Than Criminal Prosecution › Section 22-2-4 - Acts punishable by military authorities.

22-2-4. Acts punishable by military authorities.
This title does not affect any power conferred by law upon any court martial or other military authority or officer to impose or inflict punishment upon offenders.
Source:
SDC 1939, §13.0112.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 02 - Remedies Other Than Criminal Prosecution › Section 22-2-5 - Power to punish by contempt.

22-2-5. Power to punish by contempt.
This title does not affect any power conferred by law upon any public body, tribunal, or officer to impose or inflict punishment for a contempt.
Source:
SDC 1939, §13.0112.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 02 - Remedies Other Than Criminal Prosecution › Section 22-2-6 - Acts declared criminal as also punishable by contempt.

22-2-6. Acts declared criminal as also punishable by contempt.
No criminal act is less punishable as a crime because it is also declared to be punishable as contempt.
Source:
SDC 1939, §13.0109; SL 2005, ch 120, §369.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 03 - Parties To Crimes › Section 22-3-1 - Persons capable of committing crimes--Exceptions.

22-3-1. Persons capable of committing crimes--Exceptions.
Any person is capable of committing a crime, except those included in the following classes:
(1)Any child under the age of ten years;
(2)Any child of the age of ten years , but under the age of fourteen years, in the absence of proof that at the time of the committing the act or neglect charged, the child knew its wrongfulness;
(3)Any person who committed the act or made the omission charged under ignorance or mistake of fact which disproves any criminal intent. However, ignorance of the law does not excuse a person from punishment for its violation;
(4)Any person who committed the act charged without being conscious thereof; or
(5)Any person who committed the act or made the omission charged while under involuntary subjection to the power of superiors.
Source:
SDC 1939, §13.0201; SL 1968, ch 28, §§1, 2; SL 1976, ch 158, §§3-1, 3-5; SL 1983, ch 174, §3; SL 1985, ch 192, §10; SL 2005, ch 120, §370.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 03 - Parties To Crimes › Section 22-3-1.1 - Voluntary consumption of alcohol or controlled substance not causing insanity.

22-3-1.1. Voluntary consumption of alcohol or controlled substance not causing insanity.
No person who is under the influence of voluntarily consumed or injected alcohol or controlled substances at the time of committing the act charged is for that reason insane.
Source:
SL 1983, ch 174, §4; SL 2005, ch 120, §371.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 03 - Parties To Crimes › Section 22-3-3 - Aiding, abetting or advising--Accountability as principal.

22-3-3. Aiding, abetting or advising--Accountability as principal.
Any person who, with the intent to promote or facilitate the commission of a crime, aids, abets, or advises another person in planning or committing the crime, is legally accountable, as a principal to the crime.
Source:
SDC 1939, §13.0203; SL 1976, ch 158, §3-2; SL 2005, ch 120, §372.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 03 - Parties To Crimes › Section 22-3-3.1 - Distinction between accessory before the fact and principal abrogated.

22-3-3.1. Distinction between accessory before the fact and principal abrogated.
The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated. Any person connected with the commission of a felony, whether that person directly commits the act constituting the offense or aids and abets in its commission, though not present, shall be prosecuted, tried, and punished as a principal.
Source:
SDC 1939 & Supp 1960, §34.0504; SDCL, §23-10-3; SL 1978, ch 185, §2; SL 2005, ch 120, §373.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 03 - Parties To Crimes › Section 22-3-5 - Accessories to crime--Misdemeanors excepted.

22-3-5. Accessories to crime--Misdemeanors excepted.
A person is an accessory to a crime, if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a felony, that person renders assistance to the other person. There are no accessories to misdemeanors.
The term, render assistance, means to:
(1)Harbor or conceal the other person;
(2)Warn the other person of impending discovery or apprehension, other than a warning given in an effort to bring the other person into compliance with the law;
(3)Provide the other person with money, transportation, a weapon, a disguise, or any other thing to be used in avoiding discovery or apprehension;
(4)Obstruct anyone by force, intimidation, or deception in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person; or
(5)Conceal, destroy, or alter any physical evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person.
A violation of this section is a Class 5 felony.
Source:
SDC 1939, §13.0203; SL 1976, ch 158, §3-3; SL 2005, ch 120, §374.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 03 - Parties To Crimes › Section 22-3-5.1 - Accessory punishable though principal not tried or acquitted.

22-3-5.1. Accessory punishable though principal not tried or acquitted.
An accessory to the commission of a felony may be prosecuted, tried, and punished, even if the principal is not prosecuted or tried, or even if the principal was acquitted.
Source:
SDC 1939 & Supp 1960, §34.0505; SDCL, §23-10-5; SL 1978, ch 185, §3; SL 2005, ch 120, §375.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 03 - Parties To Crimes › Section 22-3-8 - Conspiracy to commit offense--Punishment.

22-3-8. Conspiracy to commit offense--Punishment.
If two or more persons conspire, either to commit any offense against the State of South Dakota, or to defraud the State of South Dakota, or any county, township, school district, or municipal corporation in any manner or for any purpose, and one or more of the parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy is guilty of conspiracy and may be punished up to the maximum penalty which may be imposed for a crime which is one level below the penalty prescribed for the crime underlying the conspiracy. However, it is not a crime to conspire to commit a Class 2 misdemeanor or a petty offense.
Source:
SL 1941, ch 45, §1; SDC Supp 1960, §13.0306; SL 1976, ch 158, §3-4; SL 2005, ch 120, §376.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 03 - Parties To Crimes › Section 22-3-9 - Liability to punishment for act outside state aiding injury within state.

22-3-9. Liability to punishment for act outside state aiding injury within state.
Any person who, while out of the state, causes, aids, advises, or encourages another person to injure any person or property in this state by means of any act or neglect which is a crime in this state, is liable to punishment under the laws of this state.
Source:
SDC 1939, §13.0602 (4); SDCL, §23-9-15; SL 1978, ch 185, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 04 - Attempts To Commit Crime › Section 22-4-1 - Attempt--Punishment.

22-4-1. Attempt--Punishment.
Unless specific provision is made by law, any person who attempts to commit a crime and, in the attempt, does any act toward the commission of the crime, but fails or is prevented or intercepted in the perpetration of that crime, is punishable for the attempt at a maximum sentence of one-half of the penalty prescribed for the underlying crime. Unless specific provision is made by law, any person who attempts to commit a Class A, Class B, or Class C felony is guilty of a Class 2 felony.
Source: SDC 1939, §13.0401; SL 1972, ch 137; SL 1976, ch 158, §4-1; SL 2005, ch 120, §377; SL 2023, ch 67, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 04 - Attempts To Commit Crime › Section 22-4-2 - Attempt resulting in commission of other crime.

22-4-2. Attempt resulting in commission of other crime.
The provisions of §22-4-1 do not protect a person who, in attempting unsuccessfully to commit a crime, commits another and different crime, whether greater or less in guilt, from suffering the punishment prescribed by law for the crime committed.
Source:
SDC 1939, §13.0402; SL 2005, ch 120, §378.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 04 - Attempts To Commit Crime › Section 22-4-3 - Attempted first degree murder of a law enforcement officer.

22-4-3. Attempted first degree murder of a law enforcement officer.
Notwithstanding §22-4-1, attempted first degree murder, as defined by §22-16-4, if committed against a law enforcement officer while the officer was engaged in the performance of the officer's duties, is a Class 1 felony.
Source: SL 2023, ch 67, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 04A - Solicitation › Section 22-4A-1 - Criminal solicitation--Penalty.

22-4A-1. Criminal solicitation--Penalty.
Any person who, with the intent to promote or facilitate the commission of a crime, commands, hires, requests, or solicits another person to engage in specific conduct which would constitute the commission of such offense or an attempt to commit such offense, is guilty of criminal solicitation.
Criminal solicitation is a:
(1)Class 1 felony if the offense solicited is a Class A, B or C felony;
(2)Class 2 felony if the offense solicited is a Class 1 felony;
(3)Class 3 felony if the offense solicited is a Class 2 felony;
(4)Class 4 felony if the offense solicited is a Class 3 felony;
(5)Class 5 felony if the offense solicited is a Class 4 felony;
(6)Class 6 felony if the offense solicited is a Class 5 felony; or
(7)Class 1 misdemeanor if the offense solicited is a Class 6 felony.
Source:
SL 2005, ch 120, §438.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 04A - Solicitation › Section 22-4A-2 - Fact offense not committed or attempted not a defense.

22-4A-2. Fact offense not committed or attempted not a defense.
It is not a defense to prosecution for criminal solicitation that the person solicited neither committed or attempted to commit the offense solicited nor was capable of committing or attempting to commit the offense solicited.
Source:
SL 2005, ch 120, §439.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 04A - Solicitation › Section 22-4A-3 - Proof required for conviction of criminal solicitation.

22-4A-3. Proof required for conviction of criminal solicitation.
No person may be convicted of criminal solicitation upon the uncorroborated testimony of the person allegedly solicited, and there must be proof of circumstances corroborating both the solicitation and the defendant's intent.
Source:
SL 2005, ch 120, §440.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 04A - Solicitation › Section 22-4A-4 - Renunciation of criminal intent--Requirements.

22-4A-4. Renunciation of criminal intent--Requirements.
No person may be convicted of criminal solicitation if, under circumstances manifesting a voluntary and complete renunciation of the defendant's criminal intent, the defendant:
(1)Notified the person solicited of his or her renunciation; and
(2)Gave timely and adequate warning to the law enforcement authorities or otherwise made a substantial effort to prevent the commission of the criminal conduct solicited.
The burden of injecting this issue is on the defendant, but this does not shift the burden of proof.
Source:
SL 2005, ch 120, §441.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 05 - Defenses › Section 22-5-1 - Conduct forced or under threat of force.

22-5-1. Conduct forced or under threat of force.
No person may be convicted of a crime based upon conduct in which that person engaged because of the use or threatened use of unlawful force upon himself, herself, or another person, which force or threatened use of force a reasonable person in that situation would have been lawfully unable to resist.
Source:
SDC 1939, §13.0501; SL 1976, ch 158, §5-1; SL 1977, ch 189, §14; SL 1978, ch 158, §3; SL 2005, ch 120, §379.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 05 - Defenses › Section 22-5-5 - Voluntary intoxication--Crimes involving motive or intent.

22-5-5. Voluntary intoxication--Crimes involving motive or intent.
No act committed by a person while in a state of voluntary intoxication may be deemed less criminal by reason of such condition. But if the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time in determining the purpose, motive, or intent with which the accused committed the act.
Source:
SDC 1939, §13.0504; SL 2005, ch 120, §380.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 05 - Defenses › Section 22-5-7 - Morbid propensity to commit crime.

22-5-7. Morbid propensity to commit crime.
A morbid propensity to commit prohibited acts existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of such acts forms no defense to a prosecution therefor.
Source:
SDC 1939, §13.0505; repealed SL 1976, ch 158, §5-2; re-enacted SL 1977, ch 189, §15.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 05 - Defenses › Section 22-5-10 - Insanity as affirmative defense--Burden of proof.

22-5-10. Insanity as affirmative defense--Burden of proof.
Insanity is an affirmative defense to a prosecution for any criminal offense. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
Source:
SL 1985, ch 192, §11.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 06 - Authorized Punishments › Section 22-6-1 - Felony classes and penalties--Restitution--Habitual criminal sentences.

22-6-1. Felony classes and penalties--Restitution--Habitual criminal sentences.
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.
Source: SDC 1939, §13.0606; SL 1976, ch 158, §§6-1, 6-4; SL 1977, ch 189, §16; SL 1978, ch 158, §4; SL 1979, ch 160, §1; SL 1980, ch 173, §8; SL 1985, ch 192, §2; SL 1997, ch 143, §5; SL 2005, ch 120, §148; SL 2013, ch 105, §1; SL 2016, ch 121, §1; SL 2023, ch 82, §10.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 06 - Authorized Punishments › Section 22-6-1.1 - Sentence to jail in lieu of penitentiary in minor felonies.

22-6-1.1. Sentence to jail in lieu of penitentiary in minor felonies.
If a person is convicted of a Class 5 or Class 6 felony, the court may sentence the person so convicted to imprisonment in the county jail of the county where such person was convicted, for a term of not more than one year.
Source:
SDC 1939, §13.0604; SL 1963, ch 55; SDCL, §23-48-20; SL 1978, ch 185, §16; SL 1989, ch 192, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 06 - Authorized Punishments › Section 22-6-1.2 - Minimum sentence for subsequent felony sex crime conviction.

22-6-1.2. Minimum sentence for subsequent felony sex crime conviction.
If an adult has a previous conviction for a felony sex crime as defined by §22-24B-1, any subsequent felony conviction for a sex crime as defined by subdivisions 22-24B-1(1) to (15), inclusive, and (19) shall result in a minimum sentence of imprisonment equal to the maximum term allowable under §22-6-1, up to twenty-five years. The court may suspend a portion of the prison sentence required under this section.
Source:
SL 2006, ch 121, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 06 - Authorized Punishments › Section 22-6-1.3 - Life imprisonment not imposed on defendant under eighteen years of age.

22-6-1.3. Life imprisonment not imposed on defendant under eighteen years of age.
The penalty of life imprisonment may not be imposed upon any defendant for any offense committed when the defendant was less than eighteen years of age.
Source:
SL 2016, ch 121, §2.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 06 - Authorized Punishments › Section 22-6-11 - Presumptive sentence of probation or fully suspended state correctional facility sentence--Departure for aggravating circumstances.

22-6-11. Presumptive sentence of probation or fully suspended state correctional facility 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 state incarceration sentence pursuant to §23A-27-18.4. The sentencing court may impose a sentence other than probation or a fully suspended state incarceration 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; SL 2023, ch 82, §11.
2023 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.
2023 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.
2023 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.
2023 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.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 07 - Habitual Offenders › Section 22-7-10 - Duty of law enforcement personnel to report knowledge of prior convictions.

22-7-10. Duty of law enforcement personnel to report knowledge of prior convictions.
Whenever any jailer, warden, or prison, probation, parole, or law enforcement officer has knowledge that any person charged with a felony has been previously convicted within the meaning of this chapter, that person shall provide that information to the state's attorney.
Source:
SDC 1939, §13.0611 (3); SDCL, §22-7-2; SL 1976, ch 158, §7-8; SL 2005, ch 120, §387.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.