Criminal Offense LawsFelony and Misdemeanor LawsSouth Dakota Laws flagSouth Dakota Laws
South Dakota flag

South Dakota

South Dakota Crime Classes: Felony and Misdemeanor Sentences (2026)

Independently fact-checkedBy Recording Law Editorial Team21 min read

Independently fact-checked against primary sources (last audited October 17, 2026). · 33 primary sources cited on this page. How we verify our legal content

South Dakota Crime Classes: Felony and Misdemeanor Sentences (2026)

South Dakota defines a felony as "a crime which is or may be punishable by imprisonment in a state correctional facility," and every other crime is a misdemeanor (SDCL 22-1-4). It sorts felonies into nine classes, from Class A (death or life imprisonment) down to Class 6 (up to two years), and misdemeanors into two classes, under SDCL 22-6-1 and 22-6-2. For how other states compare, see our guide to felony and misdemeanor classes by state.

Information last verified on 2026-10-17. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Dakota's felony and misdemeanor definitions in SDCL 22-1-4, the felony and misdemeanor classes in 22-6-1 and 22-6-2, county-jail sentencing for lower felonies in 22-6-1.1, presumptive probation in 22-6-11, petty offenses in 22-6-7, the habitual-criminal statutes in chapter 22-7, the repeat sex crime and armed-felony minimums in 22-6-1.2 and 22-14-12, the no-parole rule in 24-15-4.1, and probation and revocation under chapter 23A-27. It does not cover how individual offenses are graded (see the South Dakota theft laws and South Dakota assault and battery laws pages for two examples), time limits for charges, record clearing, parole schedules, local ordinances, or federal offenses (the state-by-state hub covers the federal classes).

Felony vs misdemeanor in South Dakota

South Dakota draws the line by place of confinement. SDCL 22-1-4 provides:

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.

Because the test is whether a crime "may be" punished with state imprisonment, a crime is a felony even when the sentence actually imposed is county jail or probation. Misdemeanor sentences are served in a county jail, and the longest misdemeanor term is one year (22-6-2).

South Dakota felony and misdemeanor classes

ClassFelony or misdemeanorStatutory termMaximum fineStatute
Class A felonyFelonyDeath or life imprisonment in a state correctional facility; a lesser sentence may not be given, except under the under-18 rule below$50,000 may be imposed in additionSDCL 22-6-1(1)
Class B felonyFelonyLife imprisonment in a state correctional facility; a lesser sentence may not be given, except under the under-18 rule below$50,000 may be imposed in additionSDCL 22-6-1(2)
Class C felonyFelonyUp to life imprisonmentUp to $50,000, in additionSDCL 22-6-1(3)
Class 1 felonyFelonyUp to 50 yearsUp to $50,000, in additionSDCL 22-6-1(4)
Class 2 felonyFelonyUp to 25 yearsUp to $50,000, in additionSDCL 22-6-1(5)
Class 3 felonyFelonyUp to 15 yearsUp to $30,000, in additionSDCL 22-6-1(6)
Class 4 felonyFelonyUp to 10 yearsUp to $20,000, in additionSDCL 22-6-1(7)
Class 5 felonyFelonyUp to 5 years; the court may instead impose up to one year in county jailUp to $10,000, in additionSDCL 22-6-1(8); 22-6-1.1
Class 6 felonyFelonyUp to 2 years, a fine, or both; the court may instead impose up to one year in county jailUp to $4,000SDCL 22-6-1(9); 22-6-1.1
Class 1 misdemeanorMisdemeanorUp to one year in county jail, a fine, or bothUp to $2,000SDCL 22-6-2(1)
Class 2 misdemeanorMisdemeanorUp to 30 days in county jail, a fine, or bothUp to $500SDCL 22-6-2(2)
Petty offenseCivil proceedingNot set in 22-6-7Not set in 22-6-7SDCL 22-6-7

These are the ranges for the class itself. The habitual-criminal statutes, 22-7-7 to 22-7-8.1, raise the class for people with prior felonies, and 22-6-1.2 and 22-14-12 set mandatory minimums for some repeat and armed offenses, described below.

South Dakota felony and misdemeanor classes: reporting to a probation office

Section 22-6-1 opens with "Except as otherwise provided by law," so an offense statute can set a different penalty. The section describes the class limits as "maximum penalties which are authorized upon conviction," except that for Class A and Class B felonies "A lesser sentence" than the stated term "may not be given." The Class 6 felony is the only felony class for which the statute allows "two years imprisonment in a state correctional facility or a fine of four thousand dollars, or both."

Age changes the top three classes. Under 22-6-1, "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." Our page on how long a life sentence lasts in South Dakota covers what a life term means in practice.

The two lowest felony classes have a county-jail option. Section 22-6-1.1 provides: "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."

How a South Dakota sentence is actually set

South Dakota's sentencing statutes set a maximum for each class and do not establish a sentencing-guidelines grid. Within the class limit the court chooses the sentence, subject to the presumptive-probation rule for the lowest felonies and the mandatory terms described in the next section.

Presumptive probation for Class 5 and 6 felonies (22-6-11). "The sentencing court shall sentence an offender convicted of a Class 5 or Class 6 felony," except those convicted under listed sections "and any person ineligible for probation under 23A-27-12, to a term of probation." The listed exceptions include, among others, 22-18-1, 22-18-26, 22-18-29, 22-19A-1 to 22-19A-3, 22-22A-2, 22-30A-17 if the property stolen is a firearm, 22-42-7 and 32-23-4.6. "If the offender is under the supervision of the Department of Corrections, the court must order a fully suspended state incarceration sentence pursuant to 23A-27-18.4."

The court can depart from presumptive probation in one way. It "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 must state the aggravating circumstances on the record at the time of sentencing and in the dispositional order." For Class 5 and 6 felonies, then, the class maximum is the outer limit, not the presumed sentence.

Habitual criminals and mandatory minimums

South Dakota's repeat-offender law works by moving the current ("principal") felony into a more severe class rather than adding a fixed term.

Prior felony convictionsEffect on the principal felonyStatute
One or twoSentenced as the next more severe class, never beyond Class CSDCL 22-7-7
Three or more, at least one a crime of violenceSentenced as a Class C felony (up to life)SDCL 22-7-8
Three or more, none a crime of violenceRaised two levels, never beyond Class C; parole-eligible under 24-15A-32 if the sentence is less than lifeSDCL 22-7-8.1

Under 22-7-7, "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." So, for example, a Class 4 felony with one prior felony is sentenced as a Class 3 felony.

"Crime of violence" is defined in 22-1-2(9) as murder, manslaughter, rape, aggravated assault, riot, robbery, burglary in the first degree, arson, kidnapping, felony sexual contact as defined in 22-22-7, felony child abuse as defined in 26-10-1, "or any other felony in the commission of which the perpetrator used force, or was armed with a dangerous weapon, or used any explosive or destructive device," and an attempt, conspiracy or solicitation to commit any of them.

The habitual statutes have limits. "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" (22-7-9). The allegation "shall be filed as a separate information at the time of, or before, arraignment," although the court may, on motion, allow a later filing "no less than thirty days before the commencement of trial or entry of a plea of guilty or nolo contendre" (22-7-11). The habitual information "may not be divulged to the jury in any manner unless and until the defendant has been convicted of the principal offense," and the defendant has "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" (22-7-12).

A separate enhancement applies to prisoners. Section 22-6-5.1 allows a sentence of "not more than twice the maximum term allowed by the statute" for a crime committed while the person was a prisoner, but it does not apply "if, for the same offense, the prisoner is subject to an enhanced penalty as an habitual offender."

Two statutes set minimum prison terms for repeat or armed conduct:

  • Subsequent felony sex crime (22-6-1.2). For an adult with a previous felony sex crime conviction, a later felony conviction for a sex crime listed in 22-24B-1(1) to (15) or (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."
  • Felony while armed with a firearm (22-14-12). Committing or attempting any felony while armed with a firearm is a Class 2 felony for a first conviction and a Class 1 felony for a second or later one, with a minimum of five years (ten years for a second or later conviction) in a state correctional facility, consecutive to the sentence for the principal felony. "The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section."

Parole is also limited for some crimes. Under 24-15-4.1, "An inmate convicted of and sentenced for an offense as specified in this section, for a crime committed on or after July 1, 2023, is not eligible for parole by the Board of Pardons and Paroles, except as provided in §§ 24-15A-55 to 24-15A-68, inclusive. An inmate shall serve the full term of imprisonment imposed by the court for the offense. The court retains the discretion to suspend a portion of the prison sentence."

Offenses with no penalty stated

Section 22-6-2 supplies a default for some prohibited acts: "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."

Can a felony be reduced to a misdemeanor in South Dakota?

The sentencing sections in chapters 22-6 and 23A-27 contain no provision that reduces a felony conviction to a misdemeanor. Two provisions affect how a lower felony is served or recorded:

  • For a Class 5 or 6 felony, the court may impose up to one year in county jail instead of a state sentence (22-6-1.1). The offense remains a felony under 22-1-4.
  • For a first felony, the court may suspend the imposition of sentence and place the defendant on probation "without entering a judgment of guilt" (23A-27-13), described in the probation section below. It still counts as a prior conviction for habitual-criminal purposes (23A-27-15).

Is a petty offense a crime in South Dakota?

South Dakota handles petty offenses outside the criminal process. SDCL 22-6-7 provides: "Actions for violations of petty offenses are civil proceedings in which the state is the plaintiff. Such actions are governed by chapter 23-1A."

South Dakota felony and misdemeanor classes: probation terms

The definitions keep the two categories apart. Section 22-1-4 says "Any crime is either a felony or a misdemeanor," and 22-1-2(29) defines "offense" as "any crime, petty offense, violation of a city or county ordinance, or act prohibited by state or federal law," listing petty offenses separately from crimes. Section 22-6-7 does not itself set a penalty for petty offenses.

Probation in South Dakota

South Dakota's probation statutes do not state a maximum length; they leave the period to the court.

  • Suspended imposition for a first felony (23A-27-13). "Except as provided in 23A-27-13.3, upon receiving a verdict or plea of guilty for a felony not punishable by death or life imprisonment by a person never before convicted of a crime that at the time of conviction constitutes a felony in this state," the court, "if satisfied that the ends of justice and the best interest of the public as well as the defendant will be served thereby, may, without entering a judgment of guilt, and with the consent of the defendant, suspend the imposition of sentence and place the defendant on probation for a period and upon any terms and conditions as the court may deem best."
  • Suspended imposition for a misdemeanor (23A-27-12.2). The court may place the defendant on probation "for such period and upon such terms and conditions as the court may deem best," and "No person who has previously been granted, whether in this state or any other, a suspended imposition of sentence for a misdemeanor, is eligible to be granted a second suspended imposition of sentence for a misdemeanor."

Probation is not available in every case. The statutes bar or limit it, among others, in these situations:

  • Offenses punishable by death or life (23A-27-12). Probation is available "After conviction of an offense not punishable by death or life imprisonment," which under the class penalties in 22-6-1 excludes Class A, B and C felonies. For a Class C felony or lower, the court may still suspend execution of all or part of a sentence it imposes, on conditions (23A-27-18, 23A-27-18.4), except where another statute forbids it, such as 22-14-12; for Class A and B felonies, 22-6-1 provides that a lesser sentence may not be given.
  • Repeat crime of violence (23A-27-12). "No person who has been previously convicted for a crime of violence as defined in subdivision § 22-1-2(9) may be placed on probation if his second or subsequent felony conviction is for a crime of violence as defined in subdivision § 22-1-2(9)."
  • Rape (23A-27-13.3, added in 2025). "No person who has been convicted of, or pled guilty or nolo contendere to, rape under subdivision 22-22-1 (2) or (3) may be granted a suspended imposition of sentence under § 23A-27-13." The section "does not apply to a person adjudicated as a juvenile or a juvenile tried as an adult" for those crimes.
  • Felony while armed with a firearm (22-14-12). No probation and no suspended execution or imposition of sentence.
  • Suspended imposition generally. It is limited to a felony "not punishable by death or life imprisonment" and to a person never before convicted of a felony, and "No person who has previously been granted, whether in this state or any other, a suspended imposition of sentence for a felony, is eligible to be granted a second suspended imposition of sentence for a felony" (23A-27-13). For habitual-criminal purposes a suspended imposition counts as a prior conviction "whether or not discharge and dismissal have occurred" (23A-27-15).

Jail can be a condition of probation. Under 23A-27-18.1, the conditions "may include the requirement that the defendant be imprisoned in the county jail for no more than one hundred eighty days, except as otherwise specified in this section, or in a state correctional facility for no more than one hundred eighty days or the sentence which was imposed or which may be imposed by law, whichever is less."

What happens after a probation violation in South Dakota

"A court shall not revoke a probation or a suspension of imposition of sentence, except after a hearing at which the defendant shall be present and apprised of the grounds on which such action is proposed. A defendant may be admitted to bail pending such hearing" (23A-27-20).

Short of revocation, "The court, upon notice to the probationer, a hearing and good cause, shown, may modify the terms and conditions of a probation which may include extending the probationary period" (23A-27-20.1).

When a suspended imposition of sentence is revoked, the consequence can be the full sentence. Under 23A-27-13, "A court may revoke the suspension at any time during the probationary period and impose and execute sentence without diminishment or credit for any of the probationary period."

The probation clock stops in some situations. Under 23A-27-19.1, "The running of a probationer's probationary period shall be suspended" if the probationer absconds; while the probationer is in violation of a term of probation, unless a sanction has been imposed under the graduated response grid and fully complied with; on the filing of a probation violation report and while revocation or modification proceedings are pending; and on an arrest under 23A-27-21 that is followed by a revocation or modification hearing.

Section 16-22-13 provides for a graduated sanctions program for probation violations: "The graduated sanctions program shall use short jail stays as the most severe sanction within the grid, shall collect data related to the use of sanctions and their outcomes, and shall include a process for reviewing sanctions that are challenged by the probationer."

Recent changes

  • SL 2025, ch 102 (House Bill 1096): added 23A-27-13.3, which bars a suspended imposition of sentence for rape under 22-22-1(2) or (3), and added "Except as provided in 23A-27-13.3" to 23A-27-13.
  • SL 2025, ch 104 (Senate Bill 64): amended the parole statutes 24-15-4.1, 24-15-4.2 and 24-15A-32.
  • SL 2026, ch 96 and ch 97: each amended the definitions section, 22-1-2.
  • SL 2026, ch 112: amended the probation-conditions section, 23A-27-18.3, so that probation or a suspended sentence may include, with the defendant's consent, completing a program at a nonprofit entity awarded an alternative care program grant under 16-2-60.
  • Presumptive probation: 22-6-11 was last amended by SL 2024, chapters 80, 81 and 87. A 2025 bill to revise presumptive probation (Senate Bill 57) was not enacted.

The 2025 and 2026 sessions did not amend 22-6-1, 22-6-2, 22-6-7, 22-7-7, 22-7-8, 22-7-8.1, 22-7-9, 22-7-11, 22-14-12, 23A-27-12, 23A-27-18.1 or 23A-27-20. The felony classes in 22-6-1 were last amended by SL 2023, ch 82.

Specific offenses are placed into these classes by their own statutes. The South Dakota theft laws page explains how theft is graded into these classes, and the South Dakota assault and battery laws page does the same for assault.

For clearing a record, see South Dakota expungement laws. Time limits for bringing felony and misdemeanor charges are on the South Dakota statute of limitations page.

A felony conviction also matters under federal law: 18 U.S.C. 922(g)(1) makes it unlawful for a person convicted of "a crime punishable by imprisonment for a term exceeding one year" to possess any firearm or ammunition in or affecting commerce, subject to the definitions in 18 U.S.C. 921(a)(20). Separately, 18 U.S.C. 922(g)(9) bars possessing a firearm or ammunition after a conviction in any court of a misdemeanor crime of domestic violence, as 18 U.S.C. 921(a)(33) defines it, whatever the misdemeanor's maximum sentence. The felony and misdemeanor classes hub covers the federal classes.

This article provides general legal information about South Dakota law as of 2026-10-17. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in South Dakota.

Last updated: 2026-10-17.

Frequently Asked Questions

What is the difference between a felony and a misdemeanor in South Dakota?

Under SDCL 22-1-4, a felony is a crime that is or may be punishable by imprisonment in a state correctional facility, and every other crime is a misdemeanor. Misdemeanors carry up to one year in county jail (22-6-2).

What are the felony classes in South Dakota?

There are nine (22-6-1): Class A (death or life), Class B (mandatory life), Class C (up to life), with a term of years possible for a defendant under 18 at the time of the offense, and Classes 1 to 6 (up to 50, 25, 15, 10, 5 and 2 years). The habitual-criminal statutes, 22-7-7 to 22-7-8.1, raise the class for people with prior felonies.

What is a Class 6 felony in South Dakota?

It is the lowest felony class, punishable by up to two years in a state correctional facility, a $4,000 fine, or both (22-6-1(9)). The court may instead impose up to one year in county jail (22-6-1.1), and a Class 6 felony carries presumptive probation except for listed offenses and people ineligible for probation, unless the court finds aggravating circumstances that justify a departure (22-6-11). The habitual-criminal statutes, 22-7-7 to 22-7-8.1, can raise the class for people with prior felonies.

What is a Class 1 misdemeanor in South Dakota?

It is the higher misdemeanor class, punishable by up to one year in county jail, a $2,000 fine, or both (22-6-2(1)). A Class 2 misdemeanor carries up to 30 days, a $500 fine, or both.

Is a petty offense a crime in South Dakota?

SDCL 22-6-7 makes actions for petty offenses civil proceedings in which the state is the plaintiff, and 22-1-4 says any crime is either a felony or a misdemeanor. The definitions section, 22-1-2(29), lists petty offenses alongside crimes as kinds of offense.

Can a felony be reduced to a misdemeanor in South Dakota?

The sentencing sections in chapters 22-6 and 23A-27 contain no provision that reduces a felony conviction to a misdemeanor. For a Class 5 or 6 felony, the court may impose up to one year in county jail instead of a state sentence (22-6-1.1).

How long is probation in South Dakota?

The probation statutes leave the length to the court, which may place a defendant on probation for the period and on the terms it deems best (23A-27-13 for a first felony, 23A-27-12.2 for a misdemeanor); those sections state no maximum, and the court may extend the period after notice, a hearing and good cause (23A-27-20.1). Probation is not available for an offense punishable by death or life imprisonment, which includes Class A, B and C felonies (23A-27-12). For a Class C felony or lower, the court may still suspend execution of all or part of a sentence it imposes, on conditions (23A-27-18, 23A-27-18.4), except where another statute forbids it, such as 22-14-12; for Class A and B felonies, 22-6-1 provides that a lesser sentence may not be given. Jail or prison as a condition of probation is generally limited to 180 days (23A-27-18.1).

What happens if you violate probation in South Dakota?

The court may revoke probation only after a hearing at which the defendant is present and told the grounds (23A-27-20). If a suspended imposition of sentence is revoked, the court may impose and execute sentence without credit for the probation period (23A-27-13).

Updates

Independently fact-checked against the cited primary sources

Sources and References

  1. SDCL 22-1-4, Felony and misdemeanor distinguished(sdlegislature.gov).gov
  2. SDCL 22-6-1, Felony classes and penalties(sdlegislature.gov).gov
  3. SDCL 22-6-2, Misdemeanor classes and penalties(sdlegislature.gov).gov
  4. SDCL 22-6-1.1, County jail sentence for Class 5 or 6 felony(sdlegislature.gov).gov
  5. SDCL 22-6-11, Presumptive sentence of probation(sdlegislature.gov).gov
  6. SDCL 22-7-7, One or two prior felony convictions(sdlegislature.gov).gov
  7. SDCL 22-7-8, Three or more prior felonies including a crime of violence(sdlegislature.gov).gov
  8. SDCL 22-7-8.1, Three or more prior felonies, none a crime of violence(sdlegislature.gov).gov
  9. SDCL 22-1-2, Definitions(sdlegislature.gov).gov
  10. SDCL 22-7-9, Prior convictions considered(sdlegislature.gov).gov
  11. SDCL 22-7-11, Habitual criminal information(sdlegislature.gov).gov
  12. SDCL 22-6-1.2, Subsequent felony sex crime(sdlegislature.gov).gov
  13. SDCL 22-14-12, Commission of felony while armed with firearm(sdlegislature.gov).gov
  14. SDCL 24-15-4.1, Parole ineligibility for listed offenses(sdlegislature.gov).gov
  15. SDCL 22-6-7, Petty offense actions(sdlegislature.gov).gov
  16. SDCL 23A-27-13, Suspended imposition of felony sentence(sdlegislature.gov).gov
  17. SDCL 23A-27-12.2, Suspended imposition of misdemeanor sentence(sdlegislature.gov).gov
  18. SDCL 23A-27-12, Placement on probation and exception(sdlegislature.gov).gov
  19. SDCL 23A-27-13.3, Suspended imposition barred for rape(sdlegislature.gov).gov
  20. SDCL 23A-27-18.1, Jail or prison as a condition of probation(sdlegislature.gov).gov
  21. SDCL 23A-27-20, Hearing required for revocation(sdlegislature.gov).gov
  22. SDCL 23A-27-19.1, Suspension of probationary period(sdlegislature.gov).gov
  23. SDCL 16-22-13, Graduated sanctions program(sdlegislature.gov).gov
  24. House Bill 1096 (2025), enrolled text(sdlegislature.gov).gov
  25. Senate Bill 64 (2025), enrolled text(sdlegislature.gov).gov
  26. South Dakota Legislature, 2025 session bills(sdlegislature.gov).gov
  27. SDCL 23A-27-15, Suspension of sentence as conviction for purposes of habitual offender law(sdlegislature.gov).gov
  28. SDCL 23A-27-20.1, Modification of terms and conditions of probation(sdlegislature.gov).gov
  29. SDCL 23A-27-18.3, Probation or suspension of sentence: required and authorized conditions(sdlegislature.gov).gov
  30. SDCL 22-7-12, Habitual offender information and right to jury trial(sdlegislature.gov).gov
  31. SDCL 22-6-5.1, Double sentence for crime by prisoner(sdlegislature.gov).gov
  32. 18 U.S.C. 922, Unlawful acts(law.cornell.edu)
  33. 18 U.S.C. 921, Definitions(law.cornell.edu)
  34. SDCL 23A-27-18(sdlegislature.gov).gov
  35. SDCL 23A-27-18.4(sdlegislature.gov).gov
Share:

Paid attorney referral. RecordingLaw may receive compensation when you use an attorney-help link. RecordingLaw is not a law firm. Submitting a request does not guarantee that an attorney will accept your case and does not create an attorney-client relationship.