South Dakota

South Dakota Codified Laws — Title 22, Crimes

900 sections, each with the official text and a plain-English explanation of what it means for you.

• § 22-42-7 — Distribution or possession with intent to distribute specified amounts of marijuana
• § 22-42-8 — Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud
• § 22-42-9 — Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony
• § 22-42A-1 — Drug paraphernalia defined--Exclusion
• § 22-42A-2 — Factors considered in determining whether an object is drug paraphernalia
• § 22-42A-3 — Use or possession of drug paraphernalia as misdemeanor
• § 22-42A-4 — Delivery of drug paraphernalia as felony
• § 22-43-1 — Commercial bribery--Misdemeanor
• § 22-43-2 — Receiving a commercial bribe--Misdemeanor
• § 22-44-1 — Obstruction of community antenna television system transmissions as misdemeanor
• § 22-44-2 — Equipment for receiving services without payment--Installation or possession as misdemeanor
• § 22-44-2.1 — Manufacture, sale, or distribution of equipment for receiving service without payment as misdemeanor
• § 22-44-3 — Seizure of equipment
• § 22-44-4 — Multipoint distribution system and multichannel multipoint distribution system defined
• § 22-45-1 — Definition of terms
• § 22-45-10 — Use of other civil or criminal remedy not precluded
• § 22-45-11 — Limitation on civil action
• § 22-45-2 — Action by which claimant commits an offense--Violation a felony
• § 22-45-3 — Application to participate as provider--Perjury for submitting false statements--Violation a felony
• § 22-45-4 — Action of person aiding provider with goods or services or referring individuals to provider for which additional value received an offense--Violation a felony
• § 22-45-5 — Offense of acceptance of amount in addition to amount legally payable under program--Violation a felony
• § 22-45-6 — Failure to keep necessary records upon which claim is based--Violation a misdemeanor
• § 22-45-7 — Liability for receipt of payment by person not entitled thereto
• § 22-45-8 — Suspension or exclusion from participation as provider of person convicted of committing offense
• § 22-45-9 — Access to records by attorney general, state medicaid control unit, and grand jury
• § 22-46-1 — Definition of terms
• § 22-46-1.1 — Neglect--Exclusions from definition
• § 22-46-10 — Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--Violation as misdemeanor
• § 22-46-11 — Voluntary reporting of abuse, neglect, or exploitation
• § 22-46-12 — Information provided by report of abuse, neglect, or exploitation
• § 22-46-13 — Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees
• § 22-46-14 — Additional penalties against perpetrator for exploitation
• § 22-46-15 — Third party property interest acquired for value and in good faith unaffected by severance of perpetrator's property interest
• § 22-46-16 — Effect of revocation of provision of instrument
• § 22-46-17 — Additional remedies for violation
• § 22-46-18 — Remedies cumulative with other legal and administrative remedies
• § 22-46-2 — Abuse or neglect of elder or adult with a disability--Felony or misdemeanor
• § 22-46-3 — Theft by exploitation--Penalty
• § 22-46-4 — 22-46-4. Repealed by SL 1990, ch 171, § 322-46-4
• § 22-46-5 — Investigation of report of abuse, neglect or exploitation
• § 22-46-6 — 22-46-6. Transferred to § 34-12-51 by SL 2005, ch 120, § 344, eff. July 1, 2006.22-46-6
• § 22-46-7 — Report of abuse, neglect, or exploitation
• § 22-46-8 — Immunity from liability for reporting abuse, neglect, or exploitation
• § 22-46-9 — Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor
• § 22-47-1 — 22-47-1 to 22-47-3. Transferred to §§ 37-34-1 to 37-34-3 by SL 2005, ch 120, § 295, eff. July 1, 2006.22-47-1
• § 22-48-1 — Definitions
• § 22-48-2 — Perpetrator's assumption of risk--Victim immune from liability--Victim's duty--Exception
• § 22-48-2.1 — Claim of use of unreasonable force by victim--Hearing to determine reasonable basis for claim
• § 22-48-3 — Proof of assumption of risk
• § 22-48-4 — Court awards
• § 22-48-5 — Motion for stay of proceedings
• § 22-49-1 — Prohibited conduct generally
• § 22-49-2 — First degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses--Consent not a defense--Attempt against minor
• § 22-49-3 — Second degree human trafficking--Penalty--Mandatory sentence--Subsequent offenses
• § 22-49-4 — Hiring person forced to engage in sexual activity--Felony
• § 22-49-5 — Torture of a human trafficking victim--Felony
• § 22-49-6 — Definition of terms--Torture
• § 22-49-7 — Obstructing enforcement--Penalty
• § 22-4A-1 — Criminal solicitation--Penalty
• § 22-4A-2 — Fact offense not committed or attempted not a defense
• § 22-4A-3 — Proof required for conviction of criminal solicitation
• § 22-4A-4 — Renunciation of criminal intent--Requirements
• § 22-5-1 — Conduct forced or under threat of force
• § 22-5-10 — Insanity as affirmative defense--Burden of proof
• § 22-5-2 — 22-5-2 to 22-5-4. Repealed by SL 1976, ch 158, § 5-222-5-2
• § 22-5-5 — Voluntary intoxication--Crimes involving motive or intent
• § 22-5-6 — 22-5-6. Repealed by SL 1976, ch 158, § 5-222-5-6
• § 22-5-7 — Morbid propensity to commit crime
• § 22-5-8 — 22-5-8. Repealed by SL 1978, ch 178, § 57722-5-8
• § 22-5-9 — Repealed
• § 22-6-1 — Felony classes and penalties--Restitution--Habitual criminal sentences
• § 22-6-1.1 — Sentence to jail in lieu of penitentiary in minor felonies
• § 22-6-1.2 — Minimum sentence for subsequent felony sex crime conviction
• § 22-6-1.3 — Life imprisonment not imposed on defendant under eighteen years of age
• § 22-6-10 — Application of penalties provided in SL 2005, ch 120 to offenses committed prior to effective date prohibited
• § 22-6-11 — Presumptive sentence of probation or fully suspended state correctional facility sentence--Departure for aggravating circumstances
• § 22-6-2 — Misdemeanor classes and penalties--Restitution--Misdemeanor when no penalty imposed
• § 22-6-3 — 22-6-3 to 22-6-5. Repealed by SL 1976, ch 158, § 6-622-6-3
• § 22-6-5.1 — Double sentence for crime by prisoner-Exception
• § 22-6-5.2 — Enhanced penalty for second, third, or subsequent violations--Limitation
• § 22-6-6 — 22-6-6. Repealed by SL 2005, ch 120, § 431, eff. July 1, 2006.22-6-6
• § 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
• § 22-7-1 — 22-7-1 to 22-7-5. Repealed by SL 1976, ch 158, § 7-922-7-1
• § 22-7-10 — Duty of law enforcement personnel to report knowledge of prior convictions
• § 22-7-11 — Habitual criminal information--Filing--Contents--Proof
• § 22-7-12 — Defendant to receive copy of information--Contents kept from jury until conviction--Right to jury trial
• § 22-7-6 — 22-7-6. Repealed by SL 1977, ch 189, § 12622-7-6
• § 22-7-7 — One or two prior felony convictions--Sentence increased--Limitation--Felony determination
• § 22-7-8 — Three or more additional felony convictions including one or more crimes of violence--Enhancement of sentence
• § 22-7-8.1 — Three or more additional felony convictions not including a crime of violence--Enhancement of sentence--Limitation--Parole
• § 22-7-9 — Criteria for consideration of prior convictions
• § 22-8-1 — 22-8-1, 22-8-2. Repealed by SL 2005, ch 120, §§ 186, 187, eff. July 1, 2006.22-8-1
• § 22-8-12 — Act of terrorism--Felony
• § 22-8-13 — Terrorist threat--Felony
• § 22-8-3 — 22-8-3 to 22-8-11. Repealed by SL 1976, ch 158, § 8-122-8-3
• § 22-9-1 — Desecration of flag
• § 22-9-2 — 22-9-2 to 22-9-13. Repealed by SL 1976, ch 158, § 9-222-9-2