South Dakota classifies misdemeanors into one of two different categories: Class 1 and Class 2. Class 1 misdemeanors are the most serious, with potential punishments of up to one year imprisonment and up to $2,000 in fines, while Class 2 misdemeanors come with the potential penalty of up to 30 days imprisonment and up to $500 in fines. Courts can impose a sentence that includes jail, fines, or both.
For information on felonies, see South Dakota Felony Crimes by Class and Sentences.
Examples of Crimes in Each Category
South Dakota has categorized numerous crimes as misdemeanor offenses. The following list presents some examples of crimes in each of the two misdemeanor classes, though it is not a comprehensive representation of all South Dakota misdemeanor crimes.
Class 1 Misdemeanors
- First-degree petty theft
- Unauthorized operation of a vehicle or vessel
- Keeping a slot machine
- Hiring a prostitute
- Refusal to disburse or refrain from riot or unlawful assembly
- Failure to remove a public nuisance
- Possession of prohibited substances for the purposes of intoxication
Class 2 Misdemeanors
- Second-degree petty theft
- Conducting an unauthorized bingo or lottery
- Public indecency
- Misrepresentation of age by a minor
- Disorderly conduct
- Possession of drug paraphernalia
Talk to a South Dakota Lawyer
Even though South Dakota misdemeanor offenses are much less serious than felony offenses, you still face the possibility of significant jail time and fines if you are convicted. You should contact an area criminal defense attorney whenever you learn you are being investigated or charged with a crime. An attorney who has experience with local courts, prosecutors, and police, is the only person qualified to give you legal advice about your case.