South Dakota Felony: Laws, Penalties, Sentencing, and Records

A felony in South Dakota is a severe crime for which one may serve more than one year in state prison. Under South Dakota law, felonies are the most serious crimes that have lasting implications, including lengthy confinement, permanent criminal records, heavy fines, and revocation of rights. South Dakota has nine classes (Class A through Class 6) of felonies, with Class A being the highest.

What Is Considered a Felony in South Dakota?

In South Dakota, the definition of a felony is provided under the South Dakota Codified Laws (SDCL) Title 22 – Crimes. The state recognizes the following types of felonies:

• Violent Crimes: Murder, kidnapping, rape, manslaughter, aggravated assault, and armed robbery.
• Drug Crimes: Distribution, trafficking, and manufacturing of controlled substances.
• Property Crimes: Theft of property valued at $1,000 or more, burglary, and auto theft.
• White-Collar Crimes: Fraud, embezzlement, identity theft, and securities violations.
• Weapons Offenses: Felon in possession of a firearm, armed criminal action, unlawful weapons sales.

Based on value or severity, certain misdemeanors may be elevated to the level of a felony. For example, a simple assault case involving the use of a dangerous weapon is classified as a felony. In the same way, theft cases where the stolen property is valued at more than $1,000 are also treated as felony.

What Is a Felony in South Dakota?

According to South Dakota law, any offense punishable by imprisonment in the state penitentiary is defined as a felony. On the other hand, a misdemeanor is an offense that carries a shorter sentence, usually served in a county jail. An individual convicted of a felony in South Dakota may face the following penalties:

• Prison sentence ranging from 2 years to life or death.
• Fines up to $50,000.
• Loss of rights, including firearm ownership, jury service, and voting while incarcerated.
• A permanent criminal record.

Felony Classes and Penalties in South Dakota

The nine classes of felony in South Dakota include Classes A, B, and C, and 1 to 6.

South Dakota Felony Classes

• Class A Felony
  • Includes first-degree murder.
  • Penalty: A death penalty or life imprisonment without parole.
• Class B Felony
  • Includes second-degree murder and first-degree manslaughter.
  • Penalty: Life imprisonment.
• Class C Felony
  • Includes certain aggravated sex offenses.
  • Penalty: Life imprisonment.
• Class 1 Felony
  • Includes first-degree kidnapping, rape, and robbery with a weapon.
  • Penalty: Up to 50 years in prison.
  • Fine: A maximum of $50,000
• Class 2 Felony
  • Includes aggravated assault, arson, and drug trafficking.
  • Penalty: Confinement for as long as 25 years.
  • Fine: A maximum of $50,000.
• Class 3 Felony
  • Includes burglary, large-scale theft, and certain sexual assault offense.
  • Penalty: Up to 15 years of imprisonment.
  • Fine: A maximum of $30,000.
• Class 4 Felony
  • Includes mid-level fraud, property crime, and drug distribution.
  • Penalty: Up to 10 years in prison.
  • Fine: A maximum of $20,000.
• Class 5 Felony
  • Such as possession of certain controlled substances and lower-level thefts.
  • Penalty: Up to 5 years in prison.
  • Fine: A maximum of $10,000.
• Class 6 Felony
  • This is the least severe felony class, which includes forgery, simple drug possession, and some nonviolent crimes.
  • Penalty: Up to 2 years in prison.
  • Fine: A maximum of $4,000.

Felony Sentencing Guidelines in South Dakota

In South Dakota, sentencing is influenced by several factors including:

1. Felony Class: This is a guideline that determines the maximum sentence.
2. Mandatory Minimums: Some crimes, such as firearm-related offenses and drug trafficking, carry mandatory minimum prison terms.
3. Aggravating Factors: An individual’s prison term can be increased if it involves crimes against minors, elderly victims, or the use of firearms.
4. Mitigating Factors: Being a first-time offender or cooperating with law enforcement can result in a reduced prison sentence.
5. Habitual Offender Law (SDCL § 22-7): Individuals with repeat offenses may receive tougher sentences, which can include a life sentence.
6. Probation: Some lower-level felonies may result in probation.
7. Parole: The Board of Pardons and Paroles in South Dakota determines if an offender qualifies for parole.

An individual convicted of Class 2 felony drug traffickingmay receive a prison sentence of up to 25 years, which can be increased to life imprisonment under South Dakota’s Habitual Offender Law.

Felony Laws and Procedures in Major South Dakota Cities

Sioux Falls (Minnehaha County)

All felony prosecutions in Minnehaha County are handled in the Second Judicial Circuit Court situated in Sioux Falls. Felony records can be acquired either by visiting the Clerk of Court’s Office or through the Public Access Records Search (PARS) system.

Rapid City (Pennington County)

Pennington County is part of the Seventh Judicial Circuit of South Dakota, and felony cases are adjudicated at the court facility in Rapid City. Interested parties can obtain unrestricted felony records at the Clerk’s Office.

Aberdeen (Brown County)

Felony cases like aggravated assault, murder, and fraud that take place in Brown County are tried in the Fifth Judicial Circuit Court. The official documents in felony cases can be acquired in the Office of the Clerk of Court.

How to Search for Felony Records in South Dakota

South Dakota offers access to felony records through statewide systems as well as county offices.

1. South Dakota Unified Judicial System (UJS) Public Access Record Search (PARS)

The Unified Judiciary System Public Access Record Search system allows users to search docket entries in criminal cases for a $20 search fee. By searching by a name and date of birth, users may view details such as the followinf:

• Case number
• Docket entries
• Charges filed.
• Court location.
• Sentencing.

2. Clerk of Court Offices

Individuals seeking certified felony records can request them from the Circuit Court Clerk in the county where the case was prosecuted.

3. South Dakota Division of Criminal Investigation (DCI)

The Division of Criminal Investigation (DCI) maintains statewide criminal history reports, which include felony convictions. Its Identification Section (ID) offers both personal and fingerprint-based background checks to individuals and authorized South Dakota agencies.

4. Local Police and Sheriff’s Departments

In South Dakota, the police departments and sheriff offices manage incident and arrest records. Anyone can request these records under the Open Records Law. Generally, access is restricted for records connected to active investigations.

5. Third-Party Background Checks

Some private services provide felony record searches to the public, but the UJS and DCI maintain the most accurate records.

Open vs. Sealed Records

• Open Records: In accordance with the state’s Open Records Law, most felony conviction records can be accessed by the public.
• Expungement: South Dakota allows for the expungement of certain nonviolent felonies once a waiting period of five to ten years has passed. By contrast, sex and violent crimes remain ineligible.

Why Understanding Felonies in South Dakota Matters

A felony record in South Dakota can have long-lasting consequences on an individual, such as limitations on certain civil rights and difficulty in securing a job or housing. For this reason, it is important for individuals, employers, and organizations to understand felony laws, the penalties, and how to access felony records.

Felonies in South Dakota are divided into nine classes (A, B, C, and Classes 1–6), with penalties ranging from 2 years for Class 6 felonies to life or death for Class A felonies. Sentencing is determined by statutory ranges, habitual offender laws, and aggravating or mitigating factors.

Felony records can be accessed through the South Dakota Unified Judicial System portal, county Clerks of Court, or the Division of Criminal Investigation.