There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 22-6-1 — Felony classes and penalties--Restitution--Habitual criminal sentences.
22-6-1. Felony classes and penalties--Restitution--Habitual criminal sentences. Except as otherwise provided by law, felonies are divided into the following nine classes which are distinguished from each other by the following maximum penalties which are authorized upon conviction:
(1) Class A felony: death or life
imprisonment in the state penitentiary. A lesser sentence than
death or life imprisonment may not be given for a Class A felony.
In addition, a fine of fifty thousand dollars may be
imposed;
(2) Class B felony: life imprisonment in
the state penitentiary. A lesser sentence may not be given for a
Class B felony. In addition, a fine of fifty thousand dollars may
be imposed;
(3) Class C felony: life imprisonment in
the state penitentiary. In addition, a fine of fifty thousand
dollars may be imposed;
(4) Class 1 felony: fifty years
imprisonment in the state penitentiary. In addition, a fine of
fifty thousand dollars may be imposed;
(5) Class 2 felony: twenty-five years
imprisonment in the state penitentiary. In addition, a fine of
fifty thousand dollars may be imposed;
(6) Class 3 felony: fifteen years
imprisonment in the state penitentiary. In addition, a fine of
thirty thousand dollars may be imposed;
(7) Class 4 felony: ten years imprisonment
in the state penitentiary. In addition, a fine of twenty thousand
dollars may be imposed;
(8) Class 5 felony: five years
imprisonment in the state penitentiary. In addition, a fine of ten
thousand dollars may be imposed; and
(9) Class 6 felony: two years imprisonment
in the state penitentiary or a fine of four thousand dollars, or
both.
The court,
in imposing sentence on a defendant who has been found guilty of a
felony, shall order in addition to the sentence that is imposed
pursuant to the provisions of this section, that the defendant make
restitution to any victim in accordance with the provisions of
chapter 23A-28.
Nothing in
this section limits increased sentences for habitual criminals
under §§ 22-7-7, 22-7-8, and 22-7-8.1.
Source: SDC 1939, § 13.0606; SL 1976, ch 158, §§ 6-1, 6-4; SL 1977, ch 189, § 16; SL 1978, ch 158, § 4; SL 1979, ch 160, § 1; SL 1980, ch 173, § 8; SL 1985, ch 192, § 2; SL 1997, ch 143, § 5; SL 2005, ch 120, § 148.
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