Classification and Penalties for Theft in South Dakota
Like many other states, South Dakota classifies its theft offenses according to the value of the property taken -- and in some circumstances, by the type of property involved. Let’s take a closer look at each level of theft under South Dakota law, starting with petty theft in the second degree, which is the lowest level theft offense in the state.
Petty Theft in the Second Degree
Petty theft in the second degree is defined as the theft of property or services valued at $400 or less.
Petty theft in the second degree is a Class 2 misdemeanor in South Dakota. (S.D. Codified Laws § 22-30A-17.3.) The punishment for a Class 2 misdemeanor in South Dakota includes thirty days of imprisonment in a county jail or a $500 fine, or both. Additionally, a person convicted of petty theft in the second degree must pay restitution to the victim of the theft for any losses related to the theft. (§ 22-6-2.)
Petty Theft in the First Degree
The theft of property or services valued at more than $400 and less than $1,000 constitutes petty theft in the first degree under South Dakota law.
Petty theft in the first degree is a Class 1 misdemeanor in South Dakota. (§ 22-30A-17.2.) The punishment for a Class 1 misdemeanor in South Dakota includes one year of imprisonment in a county jail, a $2,000 fine, or both, plus restitution to the victim of the theft. (§ 22-6-2)
A theft offense is classified as "grand theft" under South Dakota law, a Class 4 felony, if one or more of the following circumstances exists:
- The value of the property or services stolen is more than $1,000
- the property stolen is a firearm
- the property stolen is certain kinds of livestock, or
- the property is taken from the person of another. (§ 22-30A-17.)
The punishment for a Class 4 felony in South Dakota is a sentence of imprisonment of ten years in the state penitentiary. In addition, the offender may be responsible for paying a fine of $20,000. (§ 22-6-1)
Aggravated Grand Theft
A theft offense is defined as "aggravated grand theft" in South Dakota, a Class 3 felony, if the value of the property or services stolen is greater than $100,000. (§ 22-30A-17.1.) The punishment for a Class 3 felony in South Dakota is 15 years of imprisonment in the state penitentiary, as well as a fine of $30,000. (§ 22-6-1.)
Civil Penalties for Theft in South Dakota
In addition to criminal penalties, a person who commits shoplifting in the state of South Dakota (or the parent or legal guardian of a minor who commits shoplifting) is civilly liable to the store owner or merchandise seller for the following damages:
- the retail value of the merchandise, regardless of whether or not the merchandise has been recovered undamaged, and
- a monetary penalty of four times the retail value of the merchandise, or $100, whichever is greater. (S.D. Codified Laws § 22-30A-19.1.)
Effect of Prior Convictions on Current Theft Charges in South Dakota
South Dakota statutes on theft do not specifically cover the effect of prior convictions on a subsequent theft charge. However, any criminal conviction on an offender’s record -- whether for a theft-related offense or for any other misdemeanor or felony -- will almost certainly mean harsher punishments come sentencing time.
You can conduct your own legal research or speak to a South Dakota criminal law attorney to understand how prior criminal convictions might affect a theft charge.