Criminal penalties in South Dakota
Checked in October 2026 against the South Dakota Codified Laws, Titles 22 and 32.
These are statutory ranges for a first offence, from the least to the most the law allows. A court decides the actual sentence in each case. Not legal advice.
How South Dakota sets penalties
- South Dakota sorts felonies into nine classes (S.D. Codified Laws § 22-6-1): Class A (death or life), Class B (life), Class C (life), Class 1 (50 years), Class 2 (25 years), Class 3 (15 years), Class 4 (10 years), Class 5 (5 years) and Class 6 (2 years). The fine that may be added runs from $50,000 down to $10,000, and for Class 6 it is $4,000.
- A lesser sentence than the stated one may not be given for a Class A or Class B felony. For all other classes, the stated figure is the maximum, and the court may impose less.
- Misdemeanors are Class 1 (up to one year in county jail, or a $2,000 fine, or both) and Class 2 (up to 30 days, or a $500 fine, or both) (§ 22-6-2).
- Habitual-criminal sentencing can raise these maximums (§§ 22-7-7 and following). This table shows first-offence ranges.
Death penalty: Yes. A class A felony, which includes murder in the first degree, is punishable by death or life imprisonment, and a lesser sentence may not be given (S.D. Codified Laws § 22-6-1(1)). A defendant who was under 18 at the time of the offence cannot be sentenced to death (the maximum is a term of years).
First-degree murder
Death or life imprisonment (Class A)
Murder in the first degree (a killing with a premeditated design to effect death, or during arson, rape, robbery, burglary, kidnapping or a destructive device) (Class A felony)
- Least
- Life (a lesser sentence may not be given)
- Most
- Death or life imprisonment
- Fine
- A fine of $50,000 may be added
Second-degree murder
Life imprisonment (Class B)
Murder in the second degree (an act imminently dangerous to others, evincing a depraved mind, without a premeditated design) (Class B felony)
- Least
- Life (a lesser sentence may not be given)
- Most
- Life imprisonment
- Fine
- A fine of $50,000 may be added
Voluntary manslaughter
Up to 10 years (second degree, Class 4) up to life (first degree, Class C)
Manslaughter in the second degree (a reckless killing) (Class 4 felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of $20,000 may be added
Manslaughter in the first degree (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- A fine of $50,000 may be added
First-degree manslaughter includes a killing without design to effect death, in a heat of passion but in a cruel and unusual manner, or by means of a dangerous weapon. Second-degree manslaughter is a reckless killing.
Robbery
Up to 10 years (second degree) up to 25 years (first degree, with a dangerous weapon)
Robbery in the second degree (Class 4 felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of $20,000 may be added
Robbery in the first degree (by use of a dangerous weapon or an object simulating one) (Class 2 felony)
- Least
- No minimum term set by the statute
- Most
- 25 years
- Fine
- A fine of $50,000 may be added
Burglary
Up to 5 years (third degree) up to 25 years (first degree)
Third degree burglary (an unoccupied structure other than a motor vehicle) (Class 5 felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of $10,000 may be added
Second degree burglary (an occupied structure, in circumstances not amounting to first degree) (Class 3 felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- A fine of $30,000 may be added
First degree burglary (an occupied structure, and the offender inflicts or threatens harm, is armed with a dangerous weapon, or acts at night) (Class 2 felony)
- Least
- No minimum term set by the statute
- Most
- 25 years
- Fine
- A fine of $50,000 may be added
Arson
Up to 10 years (second degree, reckless burning) up to 25 years (first degree)
Second degree arson (intent to destroy an unoccupied structure of another, or to destroy property for insurance) (Class 4 felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of $20,000 may be added
Reckless burning or exploding (recklessly endangering a person or another's building) (Class 4 felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of $20,000 may be added
First degree arson (intent to destroy an occupied structure of another) (Class 2 felony)
- Least
- No minimum term set by the statute
- Most
- 25 years
- Fine
- A fine of $50,000 may be added
Aggravated assault
Up to 15 years (Class 3)
Aggravated assault (serious bodily injury under circumstances of extreme indifference, bodily injury with a dangerous weapon, menace with a deadly weapon, or strangulation) (Class 3 felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- A fine of $30,000 may be added
Rape and sexual assault
Up to 15 years (fourth degree) up to life (first degree)
Rape in the fourth degree (Class 3 felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- A fine of $30,000 may be added
Rape in the third degree (Class 2 felony)
- Least
- No minimum term set by the statute
- Most
- 25 years
- Fine
- A fine of $50,000 may be added
Rape in the second degree (force, coercion or threats) (Class 1 felony)
- Least
- No minimum term set by the statute
- Most
- 50 years
- Fine
- A fine of $50,000 may be added
Rape in the first degree (victim under 13) (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- A fine of $50,000 may be added
Rape in the first degree is rape of a victim under 13. Rape in the second degree is by force, coercion or threats. Rape in the third degree involves a victim incapable of consent by mental or physical incapacity or through intoxication or hypnosis. Rape in the fourth degree is rape of a victim aged 13 to 15 by a person at least three years older, or without the victim's consent.
Kidnapping
Life imprisonment (Class C), and Class B if serious bodily injury is inflicted
Kidnapping in the first degree (to hold for ransom, as a hostage, to facilitate a felony, to injure or terrorise, to interfere with a government function, or to take a child under 14) (Class C felony)
- Least
- No minimum term set by the statute
- Most
- Life imprisonment
- Fine
- A fine of $50,000 may be added
Aggravated kidnapping in the first degree (serious bodily injury inflicted on the victim) (Class B felony)
- Least
- Life (a lesser sentence may not be given)
- Most
- Life imprisonment
- Fine
- A fine of $50,000 may be added
Embezzlement
Up to 2 years (Class 6, $1,000 to $2,500) up to 25 years (Class 2, above $500,000)
Grand theft, more than $1,000 and up to $2,500 (Class 6 felony)
- Least
- No minimum term set by the statute
- Most
- 2 years
- Fine
- A fine of $4,000 may be imposed, or both
Grand theft, more than $2,500 and up to $5,000 (Class 5 felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of $10,000 may be added
Grand theft, more than $5,000 and up to $100,000 (Class 4 felony)
- Least
- No minimum term set by the statute
- Most
- 10 years
- Fine
- A fine of $20,000 may be added
Grand theft, more than $100,000 and up to $500,000 (Class 3 felony)
- Least
- No minimum term set by the statute
- Most
- 15 years
- Fine
- A fine of $30,000 may be added
Aggravated grand theft, above $500,000 (Class 2 felony)
- Least
- No minimum term set by the statute
- Most
- 25 years
- Fine
- A fine of $50,000 may be added
The sections read here have no separate embezzlement offence. The nearest is grand theft, graded by value. Class 6 felony: more than $1,000 and up to $2,500. Class 5: more than $2,500 and up to $5,000. Class 4: more than $5,000 and up to $100,000. Class 3: more than $100,000 and up to $500,000. Aggravated grand theft, above $500,000, is a Class 2 felony.
Forgery
Up to 5 years (Class 5)
Forgery (with intent to defraud, falsely making, completing or altering a written instrument, or passing a forged instrument) (Class 5 felony)
- Least
- No minimum term set by the statute
- Most
- 5 years
- Fine
- A fine of $10,000 may be added
Drunk driving, first offence
A Class 1 misdemeanor (up to one year, or a $2,000 fine, or both), and licence revocation of at least 30 days
Driving or being in actual physical control of a vehicle while prohibited, first offence (Class 1 misdemeanor)
- Least
- No minimum term set by the statute
- Most
- 1 year in county jail
- Fine
- A fine of $2,000, or both
A person may not drive or be in actual physical control of a vehicle with a blood alcohol of 0.08 percent or more by weight, or under the influence of an alcoholic beverage, marijuana or a controlled substance. A first offence is a Class 1 misdemeanor, and the court must revoke the driver's licence for not less than 30 days. The court may permit limited driving for work, school and treatment, and may extend the revocation by up to one year.
Compare with: Iowa, Arizona, California, New York, Florida, Texas, Virginia, Washington, Maryland, Minnesota, Maine, South Carolina, Delaware, North Dakota, Alabama, Alaska.
