Maximum Penalties FAQ
Sioux Falls, South Dakota
What are the maximum penalties for a felony offense in South Dakota?
Felonies are divided into the following nine classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:
Class A felony: death or life imprisonment in the state penitentiary. A lesser sentence than death or life imprisonment may not be given for a Class A felony. In addition, a fine of fifty thousand dollars may be imposed;
Class B felony: life imprisonment in the state penitentiary. A lesser sentence may not be given for a Class B felony. In addition, a fine of fifty thousand dollars may be imposed;
Class C felony: life imprisonment in the state penitentiary. In addition, a fine of fifty thousand dollars may be imposed;
Class 1 felony: fifty years imprisonment in the state penitentiary. In addition, a fine of fifty thousand dollars may be imposed;
Class 2 felony: twenty-five years imprisonment in the state penitentiary. In addition, a fine of fifty thousand dollars may be imposed;
Class 3 felony: fifteen years imprisonment in the state penitentiary. In addition, a fine of thirty thousand dollars may be imposed;
Class 4 felony: ten years imprisonment in the state penitentiary. In addition, a fine of twenty thousand dollars may be imposed;
Class 5 felony: five years imprisonment in the state penitentiary. In addition, a fine of ten thousand dollars may be imposed;
Class 6 felony: two years imprisonment in the state penitentiary or a fine of four thousand dollars, or both. (See SDCL 22-6-1).
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What is the maximum penalty for a misdemeanor offense in South Dakota?
Misdemeanors are divided into two classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:
Class 1 misdemeanor: one year imprisonment in a county jail or two thousand dollars fine, or both
Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred dollars fine, or both (See SDCL 22-6-2).
