Title 22 — CRIMES
62 chapters · 771 sections in this title.
SDCL § 22-6-1 Felony classes and penalties--Restitution--Habitual criminal sentences
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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 facili…
SDCL § 22-6-1.1 Sentence to jail in lieu of penitentiary in minor felonies
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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…
SDCL § 22-6-1.3 Life imprisonment not imposed on defendant under eighteen years of age
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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.
SDCL § 22-6-10 Application of penalties provided in SL 2005, ch 120 to offenses committed prior to effective date prohibited
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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 off…
SDCL § 22-6-5.1 Double sentence for crime by prisoner-Exception
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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 provi…
SDCL § 22-6-5.2 Enhanced penalty for second, third, or subsequent violations--Limitation
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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 …
SDCL § 22-6-6 Repealed by SL 2005, ch 120 , § 431, eff
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July 1, 2006. 22-6-6.1 Concurrent or consecutive sentences at discretion of court. 22-6-7 Petty offense actions--Procedure. 22-6-8 Restitution to victims at discretion of court. 22-6-9 Protection order in cases of assault or crimes of violence--Affidavit of injury--Procedures. 22…
SDCL § 22-6-6.1 Concurrent or consecutive sentences at discretion of court
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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 th…
SDCL § 22-6-7 Petty offense actions--Procedure
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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.
SDCL § 22-6-8 Restitution to victims at discretion of court
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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 mis…
SDCL § 22-6-9 Protection order in cases of assault or crimes of violence--Affidavit of injury--Procedures
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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 circums…