South Dakota law

Criminal Defense Laws in South Dakota.

South Dakota classifies felonies into nine classes — Classes A, B, and C (most serious, including potential life sentences) and Classes 1 through 6 (numbered by severity). Misdemeanors are classified as Class 1 (up to 1 year jail) or Class 2. The state has expungement options for certain offenses and automatic expungement for petty offenses and Class 2 misdemeanors after 10 years.

Last verified: 2026-02-26

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State law

Statute of Limitations

No limit for Class A, B, C felonies; 7 years for most other offensesSDCL § 23A-42-2

Class A, B, and C felonies (the most serious offenses) have no statute of limitations. Most other felonies and all misdemeanors must be charged within 7 years.

Exceptions

Sex Crimes Against Minors — 7 years or until victim turns 25, whichever is longerSDCL § 23A-42-2

Certain sex offenses against children have extended limitation periods, allowing prosecution until the victim reaches age 25 or within 7 years of the offense, whichever provides a longer period.

State law

Key South Dakota Statutes

Felony Classification and PenaltiesSDCL § 22-6-1

Class A felonies carry death or life imprisonment. Class B: life imprisonment. Class C: up to life. Class 1: up to 50 years. Class 2: up to 25 years. Class 3: up to 15 years. Class 4: up to 10 years. Class 5: up to 5 years. Class 6: up to 2 years.

Misdemeanor Classification and PenaltiesSDCL § 22-6-2

Class 1 misdemeanors carry up to 1 year in county jail and a $2,000 fine. Class 2 misdemeanors carry up to 30 days in county jail and a $500 fine.

Expungement of Criminal RecordsSDCL § 23A-3-26 to 23A-3-37

South Dakota allows expungement for arrests not followed by charges (after 1 year), dismissed cases, certain misdemeanors (after 10 years), and for persons age 75+ (after 10 years). Class 2 misdemeanors and petty offenses are automatically expunged after 10 years.

DUI (Driving Under the Influence)SDCL § 32-23-1

The BAC limit is 0.08%. A first-offense DUI is a Class 1 misdemeanor (up to 1 year jail, $2,000 fine, 30-day license revocation). A second offense is also a Class 1 misdemeanor with a 1-year license revocation. A third or subsequent offense is a Class 6 felony, and fourth or subsequent is a Class 5 felony.

State law

Official Sources

South Dakota Legislature — Codified Laws South Dakota Unified Judicial System

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in South Dakota.

Criminal Defense Laws in South Dakota.

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Statute of Limitations

Key South Dakota Statutes

Official Sources

Not Legal Advice

Other state law topics.