South Dakota Theft Laws: Grand vs Petty Theft and Shoplifting (2026)

In South Dakota, theft becomes a felony when the property stolen "Exceeds one thousand dollars in value": at that point it is grand theft, a Class 6 felony under SDCL 22-30A-17. Theft of $1,000 or less is petty theft, a misdemeanor, unless the property is a firearm, livestock or taken from the person of another, which makes it grand theft at any value up to $2,500. For other states, see our guide to theft laws by state.

Information last verified on 2026-10-14. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers South Dakota state theft law in SDCL chapter 22-30A, the penalty classes in SDCL 22-6-1 and 22-6-2, the habitual offender sections 22-7-7 to 22-7-8.1, organized retail crime under SDCL 37-24-52 and 37-24-53, theft by a contractor under SDCL 44-9-13, and burglary under chapter 22-32 only where it reaches store theft. It does not cover federal theft offenses, local ordinances, robbery, or identity theft and fraud schemes, which have their own pages linked below.

What counts as theft in South Dakota

The basic offense is in SDCL 22-30A-1: "Any person who takes, or exercises unauthorized control over, property of another, with intent to deprive that person of the property, is guilty of theft." The rest of chapter 22-30A adds other ways to commit theft, including transferring another's property, deception, threat, keeping lost or mislaid property, receiving stolen property, obtaining services without paying, embezzlement and passing bad checks.

All of these are one crime. Under SDCL 22-30A-15, "Conduct constituting theft pursuant to this chapter constitutes a single offense including any separate offenses committed or charged before the effective date of this chapter and known as larceny, embezzlement, extortion, fraudulent conversion, false pretense, and receiving stolen property."

"Property" is defined in SDCL 22-1-2(35) as "anything of value," including motor vehicles, real estate, "captured or domestic animals, food and drink, electric or other power, services," and similar interests.

South Dakota theft penalties: petty theft vs grand theft

South Dakota uses the labels petty theft and grand theft, and grades each by value.

The felony line uses the word "exceeds," so theft of exactly $1,000 is petty theft in the first degree. SDCL 22-6-1 describes the felony figures as "maximum penalties which are authorized upon conviction," and it requires the court to order restitution to any victim, in addition to the sentence, when a defendant is found guilty of a felony.

These are the ordinary maximums for each class, not a prediction of any sentence. Section 22-6-1 adds that nothing in it "limits increased sentences for habitual criminals under §§ 22-7-7, 22-7-8, and 22-7-8.1":

• One or two prior felonies. "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" (SDCL 22-7-7).
• Three or more prior felonies, none violent. The sentence "shall be enhanced by two levels but in no circumstance may the enhancement exceed the sentence for a Class C felony" (SDCL 22-7-8.1).
• Three or more prior felonies, at least one a crime of violence. The sentence "shall be enhanced to the sentence for a Class C felony" (SDCL 22-7-8).

Thefts that are grand theft regardless of value

Under SDCL 22-30A-17, grand theft is a Class 6 felony if the property stolen:

• "Is a firearm with a value of less than or equal to two thousand five hundred dollars";
• "Is taken from the person of another with a value of less than or equal to two thousand five hundred dollars"; or
• "Is livestock, as defined in § 21-61-1, with a value of less than or equal to two thousand five hundred dollars."

None of those prongs sets a minimum value. Section 21-61-1 defines livestock as "cattle, bison, swine, sheep, goats, horses, ratites, and captive cervidae."

How thefts are added together

"Amounts involved in thefts, whether from the same person or several persons, committed pursuant to one scheme or course of conduct, may be aggregated in determining the degree of the offense" (SDCL 22-30A-18). Bad checks have their own rule: the value is the face amount of the check, and "Any series of insufficient funds checks within any thirty-day period may be aggregated in amount to determine the degree of theft" (SDCL 22-30A-24; the same rule applies to no-account checks under 22-30A-25).

Returning the property

Under SDCL 22-30A-10.1, if a person accused of theft returns the property "before an indictment or information is laid before a magistrate, such fact may be considered in mitigation of punishment. The restoration or return of the property is not a defense nor may it be considered by the finder of fact." For bad checks, SDCL 22-30A-26 is different: if the person returns the property or pays the check and the costs and expenses within thirty days of the notice of dishonor, "no criminal prosecution may occur in regard to the check."

Shoplifting in South Dakota

Chapter 22-30A contains no separate shoplifting offense. Its shoplifting sections, 22-30A-19.1 through 22-30A-19.4, set civil liability, detention and demand rules. Ordinary store theft falls under the general theft sections and is graded by value like any other theft: a Class 2 misdemeanor at $400 or less, a Class 1 misdemeanor above $400 up to $1,000, and a Class 6 felony once the value exceeds $1,000. Theft of retail merchandise for resale is a separate crime with its own grades, organized retail crime, described below. Chapter 22-30A's grading sections do not add a separate step-up for repeat store theft; the general habitual offender rules above apply to felonies.

Organized retail crime

SDCL 37-24-1(7A) defines organized retail crime as "the theft of retail merchandise from a retail seller with the intent or purpose of reselling, distributing, or otherwise reentering the retail merchandise in commerce," including transferring it to another seller or person in person, by mail or online "in exchange for anything of value." Under SDCL 37-24-52, a person is guilty of organized retail crime if the person, alone or with another person:

1. "Knowingly commits an organized retail crime";
2. "Organizes, supervises, conspires, finances, or otherwise manages or assists another person in committing an organized retail crime";
3. "Removes, destroys, deactivates, or knowingly evades any component of an anti-shoplifting or inventory control device to prevent the activation of that device or to facilitate another person in committing an organized retail crime"; or
4. "Knowingly causes a fire exit alarm to sound or otherwise activate, or deactivates or prevents a fire exit alarm from sounding, in the commission of an organized retail crime by another person."

The section grades each act on its own scale: "Each act in violation of this section under one thousand dollars is a Class 1 misdemeanor. Each act in violation of this section over one thousand dollars but under one hundred thousand dollars is a Class 6 felony. Each act in violation of this section over one hundred thousand dollars is a Class 5 felony." Under SDCL 37-24-53, the court "shall order a person who is found guilty of organized retail crime to make restitution to any retail seller victim and to reimburse the governmental entity for its expenses incurred as a result of the violation."

Burglary. Entering a store to steal is generally not burglary while the store is open. Third degree burglary, a Class 5 felony, applies to a person who "enters or remains in an unoccupied structure, other than a motor vehicle, with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain" (SDCL 22-32-8). The first and second degree burglary sections, 22-32-1 and 22-32-3, carry the same open-to-the-public exception. Burglary is otherwise outside the scope of this page.

Can a store detain someone suspected of shoplifting?

Under SDCL 22-30A-19.2, an owner or seller "who has reasonable grounds to believe that a person has committed retail theft" may detain the person, "on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time," to request and verify identification, to make reasonable inquiry about unpurchased merchandise, and to inform a law enforcement officer and surrender the person to the officer's custody. For a minor, the store may also inform a parent or guardian and surrender the minor to that person. A detention off the premises is allowed "only if such detention is pursuant to the immediate pursuit of such person."

Civil penalties: can a store demand money after shoplifting?

Yes. SDCL 22-30A-19.1 makes an adult, an emancipated minor, or "any parent or guardian of any unemancipated minor" who takes merchandise without consent and intending to convert it without paying "liable to the owner or seller for the retail value of the merchandise, regardless of whether or not the merchandise has been recovered in undamaged condition." It continues: "In addition, the owner or seller is entitled to a penalty of four times the retail value of the merchandise, or one hundred dollars, whichever is greater." The text of the section does not mention a criminal charge or conviction.

The demand process is set out in the next sections:

• Written demand. The store may make a written demand for the amount owed. "Except for a sole proprietorship, a member of management, other than the initial detaining person, shall evaluate the validity of the accusation that an act of retail theft was committed and shall approve the accusation before a written demand for payment is issued." The demand must be sent by certified mail or served personally (SDCL 22-30A-19.3).
• Payment within thirty days. A person who makes "full payment of the amount required by the written demand within thirty days after its receipt" incurs "no further civil liability to the owner or seller of the merchandise" (SDCL 22-30A-19.4).
• Non-payment. If the person "fails to make full payment pursuant to that written demand, then the penalty allowed in § 22-30A-19.1 may be doubled" (SDCL 22-30A-19.4).

These provisions set what a store can recover; they do not say how a particular demand should be answered. A lawyer licensed in South Dakota can advise on a specific letter.

Other theft offenses with their own grades

Most offenses in chapter 22-30A are forms of theft graded by the value table above. These sections, in and outside that chapter, set their own grade or rule:

Recent changes to South Dakota theft law

• 2025 livestock prong. 2025 Session Laws chapter 173 (Senate Bill 14) amended SDCL 22-30A-17. As introduced, the bill showed the existing fourth prong, covering property that "is cattle, horses, mules, sheep, goats, buffalo, or captive nondomestic elk with a value of less than or equal to two thousand five hundred dollars." The enrolled act and the current section instead cover property that "Is livestock, as defined in § 21-61-1," with the same $2,500 limit. The value tiers were not changed by that act.
• 2026 contractor theft. 2026 Session Laws chapter 180 (House Bill 1066) rewrote SDCL 44-9-13: a contractor, subcontractor or supplier on a real-estate improvement who, having received or been entrusted with another's property for that improvement, "and with the intent to defraud, appropriates that property for any purpose other than the payment for labor, skill, or materials" for that improvement "is guilty of theft" and "is subject to the penalties under § 22-30A-17."

Related legal issues

Theft by deception overlaps with fraud and scams, covered in South Dakota scam and fraud laws. Misuse of another person's identifying information is covered in South Dakota identity theft laws. Whether a theft record can be sealed or removed is covered in South Dakota expungement laws, and time limits for bringing charges are in the South Dakota statute of limitations guide.

Federal theft offenses are covered on our theft laws by state hub.

Related

• Theft laws by state
• South Dakota scam and fraud laws
• South Dakota identity theft laws
• South Dakota expungement laws
• South Dakota statute of limitations

This page provides general legal information about South Dakota theft statutes as of October 14, 2026. It is not legal advice. For advice about a specific situation, contact a lawyer licensed in South Dakota.

Last updated: 2026-10-14.

Frequently Asked Questions

What is the felony theft amount in South Dakota?

Theft becomes grand theft, a Class 6 felony, when the property stolen exceeds $1,000 in value (SDCL 22-30A-17). Stealing a firearm, livestock or property taken from the person of another is also a Class 6 felony at any value up to $2,500.

Is stealing $1,000 a felony in South Dakota?

Not on value alone. Grand theft requires a value that exceeds $1,000, so theft of exactly $1,000 is petty theft in the first degree, a Class 1 misdemeanor (SDCL 22-30A-17.2), unless the property is a firearm, livestock or taken from the person.

What is petty theft in South Dakota?

Petty theft in the second degree is theft of $400 or less, a Class 2 misdemeanor (up to 30 days or $500, or both). Petty theft in the first degree is theft of more than $400 up to $1,000, a Class 1 misdemeanor (up to 1 year or $2,000, or both) (SDCL 22-30A-17.2, 17.3; 22-6-2).

Is shoplifting a felony in South Dakota?

Ordinary shoplifting is graded as theft by value, so it is a Class 6 felony when the merchandise exceeds $1,000 and a misdemeanor at $1,000 or less (SDCL 22-30A-17 to 17.3). Stealing retail merchandise to resell it is organized retail crime under SDCL 37-24-52: a Class 1 misdemeanor under $1,000, a Class 6 felony over $1,000 but under $100,000 and a Class 5 felony over $100,000. Third degree burglary does not apply to premises that are open to the public at the time (SDCL 22-32-8).

How much can a store charge for shoplifting in South Dakota?

Under SDCL 22-30A-19.1, the store may recover the retail value of the merchandise plus a penalty of four times the retail value or $100, whichever is greater. If a written demand is not paid in full, the penalty may be doubled (SDCL 22-30A-19.4).

Does returning stolen property stop a theft charge in South Dakota?

No. Under SDCL 22-30A-10.1, returning the property before an indictment or information may be considered in mitigation of punishment, but it is not a defense. Bad checks are the exception: paying within thirty days of the notice of dishonor bars prosecution for that check (SDCL 22-30A-26).