Charges and sentences
Felony and misdemeanor classes in South Dakota
South Dakota has nine felony classes (A, B, C and 1 through 6) and two misdemeanor classes (1 and 2). The law sets the longest sentence for each class.1
Checked October 29, 2026 against South Dakota's own statutes, then by a second reader. General information, not legal advice.
- What makes it a felony
- In South Dakota, a felony is a crime that is or may be punishable by imprisonment in a state correctional facility. Every other crime is a misdemeanor.1
- Felony theft starts at
- More than $1,000How theft is graded
- When a DUI is a felony
- A third offense is a Class 6 felony, a fourth is a Class 5 felony, and a fifth or later is a Class 4 felony. A first or second offense is a Class 1 misdemeanor.2
Felony classes in South Dakota
From most to least serious: Class A, Class B, Class C, Class 1, Class 2, Class 3, Class 4, Class 5, Class 6. The sentence is the range the law allows; the judge picks within it.
| Class | Prison | Fine | The law |
|---|---|---|---|
| Class A felony | Death or lifeA sentence lighter than death or life may not be given. For people under 18 at the time of the offense, the maximum may be a term of years. | Up to $50,000 | S.D. Codified Laws § 22-6-13 |
| Class B felony | LifeA sentence lighter than life may not be given. For people under 18 at the time of the offense, the maximum may be a term of years. | Up to $50,000 | S.D. Codified Laws § 22-6-13 |
| Class C felony | Up to lifeFor people under 18 at the time of the offense, the maximum may be a term of years. | Up to $50,000 | S.D. Codified Laws § 22-6-13 |
| Class 1 felony | Up to 50 years | Up to $50,000 | S.D. Codified Laws § 22-6-13 |
| Class 2 felony | Up to 25 years | Up to $50,000 | S.D. Codified Laws § 22-6-13 |
| Class 3 felony | Up to 15 years | Up to $30,000 | S.D. Codified Laws § 22-6-13 |
| Class 4 felony | Up to 10 years | Up to $20,000 | S.D. Codified Laws § 22-6-13 |
| Class 5 felony | Up to 5 years | Up to $10,000 | S.D. Codified Laws § 22-6-13 |
| Class 6 felony | Up to 2 yearsThe court can impose the prison term, the fine, or both. | Up to $4,000 | S.D. Codified Laws § 22-6-13 |
Misdemeanor classes in South Dakota
| Class | Jail | Fine | The law |
|---|---|---|---|
| Class 1 misdemeanor | Up to 1 year in county jailThe court can impose the jail term, the fine, or both. | Up to $2,000 | S.D. Codified Laws § 22-6-25 |
| Class 2 misdemeanor | Up to 30 days in county jailThe court can impose the jail term, the fine, or both. | Up to $500 | S.D. Codified Laws § 22-6-25 |
Good to know
The class statute gives maximum penalties only, and it applies "except as otherwise provided by law." Some offenses set their own penalties.3
Longer sentences for habitual criminals are set separately and are not limited by the class maximums.3
When theft is a felony in South Dakota
Grand theft, a felony, starts when the property is worth more than $1,000. It is a Class 6 felony up to $2,500, Class 5 up to $5,000, Class 4 up to $100,000 and Class 3 up to $500,000. Above $500,000 it is aggravated grand theft, a Class 2 felony. Theft of a firearm, of livestock, or of property taken directly from another person is also a Class 6 felony at $2,500 or less. At $1,000 or less, theft is petty theft, a misdemeanor.4
S.D. Codified Laws §§ 22-30A-17, 22-30A-17.1 to 22-30A-17.3 · Felony theft amounts in every state
DUI in South Dakota
South Dakota's law bars driving or being in actual physical control of a vehicle with a blood alcohol level of 0.08% or more or while under the influence. It is commonly called DUI.
- Repeat offenses
- A third offense is a Class 6 felony, a fourth is a Class 5 felony, and a fifth or later is a Class 4 felony. A first or second offense is a Class 1 misdemeanor.
- Which past offenses count
- 10 years. An earlier conviction more than 10 years before the new violation does not count, and time spent incarcerated is not included in the 10 years. A longer window applies to the aggravated sixth-or-later offense.
- Other felony versions
- Vehicular homicide while under the influence is a Class 3 felony. Vehicular battery causing serious bodily injury while under the influence is a Class 4 felony.
S.D. Codified Laws §§ 32-23-1 to 32-23-4.9, 22-16-41, 22-18-362 · Felony DUI rules in every state
After a conviction
Common questions
What is a felony in South Dakota?
In South Dakota, a felony is a crime that is or may be punishable by imprisonment in a state correctional facility. Every other crime is a misdemeanor.
What is a Class A felony in South Dakota?
In South Dakota, the prison range for a Class A felony is death or life, and the fine is up to $50,000. A sentence lighter than death or life may not be given. For people under 18 at the time of the offense, the maximum may be a term of years.
What is a Class B felony in South Dakota?
In South Dakota, the prison range for a Class B felony is life, and the fine is up to $50,000. A sentence lighter than life may not be given. For people under 18 at the time of the offense, the maximum may be a term of years.
What is a Class C felony in South Dakota?
In South Dakota, the prison range for a Class C felony is up to life, and the fine is up to $50,000. For people under 18 at the time of the offense, the maximum may be a term of years.
What is a Class 1 felony in South Dakota?
In South Dakota, the prison range for a Class 1 felony is up to 50 years, and the fine is up to $50,000.
What is a Class 2 felony in South Dakota?
In South Dakota, the prison range for a Class 2 felony is up to 25 years, and the fine is up to $50,000.
What is a Class 3 felony in South Dakota?
In South Dakota, the prison range for a Class 3 felony is up to 15 years, and the fine is up to $30,000.
What is a Class 4 felony in South Dakota?
In South Dakota, the prison range for a Class 4 felony is up to 10 years, and the fine is up to $20,000.
What is a Class 5 felony in South Dakota?
In South Dakota, the prison range for a Class 5 felony is up to 5 years, and the fine is up to $10,000.
What is a Class 6 felony in South Dakota?
In South Dakota, the prison range for a Class 6 felony is up to 2 years, and the fine is up to $4,000. The court can impose the prison term, the fine, or both.
What is a Class 1 misdemeanor in South Dakota?
In South Dakota, the jail range for a Class 1 misdemeanor is up to 1 year in county jail, and the fine is up to $2,000. The court can impose the jail term, the fine, or both.
What is a Class 2 misdemeanor in South Dakota?
In South Dakota, the jail range for a Class 2 misdemeanor is up to 30 days in county jail, and the fine is up to $500. The court can impose the jail term, the fine, or both.
These are the general ranges in South Dakota's sentencing laws. A specific crime can carry its own minimum or maximum, and past convictions can raise the range. This isn't legal advice; a defense lawyer or public defender can tell you what applies to a case.
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Cite this page
Second Chance Index, "Felony and misdemeanor classes in South Dakota" https://secondchanceindex.com/felony-classes/south-dakota, checked October 29, 2026.
Sources
Each source was opened and checked on October 29, 2026.
- S.D. Codified Laws § 22-1-4
- S.D. Codified Laws §§ 32-23-1 to 32-23-4.9, 22-16-41, 22-18-36
- S.D. Codified Laws § 22-6-1
- S.D. Codified Laws §§ 22-30A-17, 22-30A-17.1 to 22-30A-17.3
- SDCL 22-6-2 Misdemeanor classes and penaltiesSouth Dakota Legislature (Codified Laws)
- SDCL 22-30A-17.1 Aggravated grand theftSouth Dakota Legislature (Codified Laws)
- SDCL 22-30A-17.2 Petty theft in the first degreeSouth Dakota Legislature (Codified Laws)
- SDCL 22-30A-17.3 Petty theft in the second degreeSouth Dakota Legislature (Codified Laws)
- SDCL 32-23-4.1 Calculation of number of offensesSouth Dakota Legislature (Codified Laws)
- SDCL 32-23-4.6 Punishment for fourth offenseSouth Dakota Legislature (Codified Laws)
- SDCL 32-23-4.7 Punishment for fifth or subsequent offenseSouth Dakota Legislature (Codified Laws)
- SDCL 22-16-41 Vehicular homicideSouth Dakota Legislature (Codified Laws)
- SDCL 22-18-36 Vehicular batterySouth Dakota Legislature (Codified Laws)
- SDCL 32-23-1 Driving or control of vehicle prohibited with alcohol in blood or while under influenceSouth Dakota Legislature (Codified Laws)
- SL 2025, ch. 173 (Senate Bill 14)South Dakota Legislature (Session Laws)
- SL 2026, ch. 112 (House Bill 1140)South Dakota Legislature (Session Laws)