Title 22 — CRIMES
62 chapters · 771 sections in this title.
SDCL § 22-1-1 Common-law rule of strict construction abrogated
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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 promo…
SDCL § 22-1-3 Repealed by SL 2005, ch 120 , § 358, eff
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July 1, 2006. 22-1-4 Felony and misdemeanor distinguished. 22-1-5
SDCL § 22-1-4 Felony and misdemeanor distinguished
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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 , §…
SDCL § 22-1-5 Repealed by SL 1977, ch 189 , § 126 22-1-6 Performance of required act by another
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22-1-7 Completion of crime involving dispatch of letter. 22-1-8 Act not deemed criminal unless prohibited by statute. 22-1-9 Official possession of prohibited objects permitted. 22-1-10 22-1-10 to 22-1-12. Transferred to §§ 23A-28C-7 to 23A-28C-9 by SL 2005, ch 120 , § 366, eff. …
SDCL § 22-1-6 Performance of required act by another
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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.
SDCL § 22-1-7 Completion of crime involving dispatch of letter
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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. Sour…
SDCL § 22-1-8 Act not deemed criminal unless prohibited by statute
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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.
SDCL § 22-1-9 Official possession of prohibited objects permitted
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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, …