S.D. Codified Laws § 22-6-1

Section 22-6-1(1), as it applied to Class 1 felonies at the time, allowed a judge to impose a sentence up to life imprisonment; that discretionary maximum was not facially unconstitutional merely because murder carried mandatory life imprisonment.

State v. Kost · filed 1980-03-26(1)

Here the statute is not unconstitutional per se. The penalty imposed for murder was mandatory life imprisonment, while for manslaughter in the first degree, the judge was vested with the discretionary power of sentencing upwards to life.

Section 22-6-1(2) sets life imprisonment as the maximum, rather than mandatory, sentence for a Class 1 felony and provides for an additional $25,000 fine.

State v. Weiker · filed 1983-11-23(2)

As we stated, SDCL 22-7-8 mandates enhancement of a penalty to a sentence for a Class 1 felony and SDCL 22-6-1(2) fixes the maximum penalty for a Class 1 felony at life imprisonment with provision for an additional $25,000 fine. We point out, however, that such penalty is a maximum, it is not a mandatory penalty as was the case of Rummel v. Estelle, 445 U.S. 263, 100 S.Ct. 1133, 63 L.Ed.2d 382 (1980).

Section 22-6-1(3) sets life imprisonment and a $25,000 fine as the maximum punishment for a Class 1 felony; a 100-year sentence with 30 years suspended is within that limit.

State v. Castaneira · filed 1993-06-23(3)

Eric Andrew Castaneira (Castaneira) pled guilty to kidnapping, SDCL 22-19-1(1), a Class 1 felony with a maximum punishment of life imprisonment and a $25,000 fine. SDCL 22-6-1(3). ... Castaneira's sentence is clearly within the statutory limits for the crime of kidnapping. SDCL 22-19-1(1); SDCL 22-6-1(3).

Section 22-6-1(3) authorizes life imprisonment for a Class 1 felony without a habitual offender enhancement.

State v. Stetter · filed 1994-02-16(3)

We note, as did the trial court, that under SDCL 22-6-1(3), the trial court was statutorily authorized to sentence Stetter to life imprisonment even without the enhancement provision of SDCL 22-7-7.

Section 22-6-1 sets life imprisonment as the maximum punishment for a Class 1 felony and provides no minimum sentence.

State v. Ramos · filed 1996-04-03

Since life imprisonment is the maximum punishment for a Class 1 felony under SDCL 22-6-1 and no minimum is provided, numerous options are available and a life sentence need not be “the only adequate retribution.”

Section 22-6-1 makes a Class 1 felony punishable by life imprisonment.

State v. Lemley · filed 1996-07-24

The South Dakota Legislature has determined first-degree manslaughter is a Class 1 felony, punishable by life in prison.

Section 22-6-1(3) permits a maximum sentence of life imprisonment for a Class 1 felony.

State v. Goodroad · filed 1997-04-30(3)

The maximum sentence Goodroad could have received was life imprisonment. SDCL 22-7-8, 22-6-1(3).

Section 22-6-1(3) sets life imprisonment as the maximum penalty for a Class 1 felony, so a 75-year sentence falls within the statutory range.

State v. Knecht · filed 1997-05-14(3)

Knecht was convicted of SDCL 22-16-15(2), a Class 1 Felony carrying a maximum penalty of life imprisonment. SDCL 22-6-1(3). Kneeht’s sentence is within the statutory range.

Section 22-6-1 sets life imprisonment as the maximum penalty for a Class 1 felony.

State v. Herrmann · filed 2004-04-21

The Legislature deemed each of these offenses to be Class 1 felonies carrying a maximum penalty of life imprisonment. SDCL 22-6-1.

Section 22-6-1 helps set the authorized penalty for first-degree rape, which can reach life imprisonment without parole.

State v. McKinney · filed 2005-06-15

However, the range of sanctions authorized for first-degree rape is a mandatory minimum ten-year sentence to a maximum sentence of life imprisonment without parole. SDCL 22-22-1.2(1), SDCL 22-6-1, and SDCL 24-15A-32. Therefore, because McKinney was not sentenced to life, his reliance upon the “most serious sanction” language of Bonner has little application here.

Section 22-6-1(1) does not permit a sentence below death or life imprisonment for a Class A felony, even when mitigating circumstances exist.

State v. Corean · filed 2010-11-03(1)

But aiding and abetting aggravated kidnapping is a Class A felony. As indicated by the circuit court in pronouncing her sentence, “[t]here is no discretion; there is no leniency that can be given under the law. . . . The law is clear, it’s a Class A felony, life imprisonment and no possibility of parole under that sentence.” See SDCL 22-6-1(1) (“A lesser sentence than death or life imprisonment may not be given for a Class A.”).

Section 22-6-1(4) permits a maximum sentence of twenty-five years for a Class 2 felony.

State v. Reed · filed 1990-02-14(4)

Reed's sentence is within statutory limits for a Class 2 felony. SDCL 22-22-1, SDCL 22-6-1(4). Given Reed's past history of sexual deviance coupled with the inhumane acts on children leading to this conviction we understand why the trial judge sentenced Reed to the maximum twenty-five year sentence.

Section 22-6-1, read with § 22-16-15, permits a 45-year sentence for first-degree manslaughter.

State v. DuBois · filed 1981-01-28

Because the sentence is within the statutory limits, SDCL 22-16-15, SDCL 22-6-1, we will not review it on appeal.

Section 22-6-1 supplied the sentencing limits under which first-degree rape could result in life imprisonment and second-degree rape carried a twenty-year maximum.

Miller v. State · filed 1984-01-25

A first-degree rape conviction could re-suit in life imprisonment while the maximum sentence under second-degree rape was twenty years. SDCL 22-22-1 (1975); SDCL 22-6-1 (1975).

Section 22-6-1's sentencing limits permit an 18-month prison term for third-offense D.W.I.

State v. Rederth · filed 1985-11-13

The sentence imposed was within statutory limits. SDCL 32-23-3, -4, and SDCL 22-6-1, -2.

A life sentence for an offense elevated to a Class 1 felony falls within § 22-6-1’s sentencing limits.

Holiday v. Solem · filed 1986-04-02

Holiday's class 2 felony was jumped one step to a class 1 felony by South Dakota's habitual offender statutes, SDCL ch. 22-7. ... The sentence was within statutory limits. SDCL § 22-6-1.

Section 22-6-1(3) permits a life sentence for first-degree manslaughter, making a twenty-year sentence within the statutory limit.

State v. Burtzlaff · filed 1992-11-25(3)

With a first degree manslaughter conviction, Burtzlaff was subject to a sentence of life in prison. Instead, she received a twenty-year sentence which is clearly within statutory limits. SDCL 22-6-1(3).

Section 22-6-1 sets maximum prison terms of life for Class 1 felonies and 25 years for Class 2 felonies; neither class has a minimum sentence.

State v. Anderson · filed 1996-04-24(3), (4)

Class 1 felonies carry a maximum sentence of life imprisonment and Class 2 felonies, a maximum of 25 years imprisonment. SDCL 22-6-1(3); 22-6-1(4). In addition, a fine of $25,000 may be imposed upon each conviction. Neither class carries a minimum sentence.

Section 22-6-1(5) permits a five-year prison sentence for attempted incest upon reconviction.

State v. Grey Owl · filed 1982-03-10(5)

Even though appellant was sentenced to serve the same term of imprisonment on the attempted incest conviction as imposed in Grey Owl I, under the applicable statutes he could have received a prison sentence of five years upon reconviction. SDCL 22-4-1(1); SDCL 22-22-19; SDCL 22-6-1(5).

For offenses committed before July 1, 1982, subsection (7) set a maximum penalty of five years’ imprisonment and/or a $5,000 fine.

State v. Dillon · filed 1984-05-29(7)

The maximum penalty at the time of appellant’s offenses, which all occurred prior to July 1, 1982, was five years imprisonment and/or a $5,000.00 fine.

Section 22-6-1(4) set a twenty-five-year statutory maximum for the sentence at issue.

State v. Holtry · filed 1982-07-07(4)

His sentence was the statutory maximum. SDCL 22-6-1(4).

Section 22-6-1(3) permits life imprisonment for first-degree manslaughter.

State v. Holloway · filed 1992-03-11(3)

For the manslaughter conviction, Holloway could have received life imprisonment pursuant to SDCL 22-6-1(3), and then, pursuant to SDCL 24-15-4, he would not have been eligible for parole.

Section 22-6-1 sets a maximum penalty for first-degree manslaughter of life imprisonment and a fine of up to $25,000.

State v. Cofield · filed 1984-07-18

Manslaughter in the first degree carries a maximum penalty of life imprisonment and a fine of up to $25,000.00.

Section 22-6-1 sets a maximum sentence of life imprisonment for a Class 1 felony and 25 years’ imprisonment for a Class 2 felony.

State v. Peterson · filed 1996-12-04(3), (4)

The maximum sentence for first-degree rape of a child less than ten years of age, a Class 1 felony, ... is life imprisonment. SDCL 22-6-1(3). ... The maximum sentence for first degree attempted rape of a child less than ten years of age, a Class 2 felony, ... is 25 years imprisonment. SDCL 22-6-1(4). ... These sentences were not in excess of statutory limits.

Section 22-6-1 sets a maximum prison term of fifty years for a Class 1 felony and fifteen years for a Class 3 felony.

State v. Brim · filed 2010-09-15(4), (6)

Rape in the Second Degree is a Class 1 felony, and the maximum statutory sentence is a fifty- year period in the state penitentiary and a $50,000 fine. SDCL 22-22-1(2); SDCL 22-6-1(4). Sexual Contact With a Child Under Sixteen is a Class 3 felony, which is punishable by a fifteen-year sentence in the state penitentiary and a $30,000 fine. SDCL 22-22-7; SDCL 22-6-1(6). The trial court sentenced Brim to twenty-five years on each count of rape and fifteen years on each count of sexual contact to be served consecutively. Brim’s sentence on each offense was within the statutory maximum and is therefore afforded “substantial deference.”

Section 22-6-1 sets a ten-year maximum prison term for Class 4 felonies and a five-year maximum for Class 5 felonies.

State v. Powers · filed 2008-12-10

The maximum penalty for a Class 4 felony is ten years imprisonment, while the maximum penalty for a Class 5 felony is five years imprisonment. See SDCL 22-6-1. Because Powers’s current violation is a Class 4 felony, his eight-year sentence was authorized.

Section 22-6-1 sets a 50-year maximum prison sentence for Class 1 felonies and permits life imprisonment for Class C felonies.

State v. Jones · filed 2012-02-01(3), (4)

Under the statutory maximum, the trial court could have sentenced Jones to 50 years for each of the rape convictions and a life sentence for the kidnapping conviction. See SDCL 22-6-1(4) (providing that the maximum penitentiary sentence for Class 1 felonies, which includes second-degree rape, is 50 years imprisonment); SDCL 22-6-1(3) (providing that the maximum penitentiary sentence for Class C felonies, which include kidnapping, is life imprisonment).

Subsection (5) authorizes a maximum prison term of twenty-five years for kidnapping.

State v. Delehoy · filed 2019-05-22(5)

The Legislature authorizes a maximum of twenty-five years in prison for kidnapping, and Delehoy received a sentence of twenty-two years in prison. See SDCL 22-6-1(5).

A ten-year sentence with three years suspended is within the maximum authorized by § 22-6-1(7).

State v. Janes · filed 2026-02-18(7)

The circuit court’s sentence of ten years with three years suspended was within the legislatively authorized maximum sentence. See SDCL 22-6-1(7).

Section 22-6-1(4) set the then maximum imprisonment term for a Class 3 felony at fifteen years.

State v. Phipps · filed 1982-04-14(4)

Each sentence constituted the then maximum penalty of imprisonment for the commission of sexual contact with a minor under fifteen. SDCL 22-22-7; SDCL 22-6-l(4).

Section 22-6-1 sets a fifteen-year imprisonment maximum for a Class 3 felony.

State v. Pack · filed 1994-05-18(5)

Pack's thirty-year sentence is clearly within statutory limits for two counts of rape of a minor.

Subsection (3) sets life imprisonment as the maximum penalty for a Class I felony.

State v. Milk · filed 2000-02-23(3)

Milk was convicted of SDCL 22-16-15(2), a Class I felony carrying with it a maximum penalty of life imprisonment. SDCL 22-6-1(3). Although Milk received the most severe sanction for his offense, his sentence is within the statutory range.

Section 22-6-1(5) permits up to 15 years in prison, a $15,000 fine, or both for a Class 3 felony.

State v. Mollman · filed 2003-12-23(5)

Vehicular homicide is a class three felony. SDCL 22-16-41. As such, it is punishable by a sentence up to 15 years in the penitentiary and/or a $15,000 fíne. SDCL 22-6-1(5). Mollman’s 15-year sentence was therefore within statutory limits and this Court will give extreme deference to that sentence.

A Class C felony carries a maximum penalty of life imprisonment.

State v. Larsen-Smith · filed 2011-12-21(3)

The maximum penalty for a Class C felony is life imprisonment. SDCL 22-6-1(3). Larsen-Smith’s sentence is within the statutory maximum.

Section 22-6-1(5) sets a maximum prison term of 25 years for a Class 2 felony.

State v. Chipps · filed 2016-01-27(5)

However, Chipps’s sentence was enhanced based on his criminal history; therefore, Chipps’s offense is a Class 2 felony, SDCL 22-7-7, carrying a maximum penalty of 25 years imprisonment, SDCL 22-6-1(5).

Section 22-6-1 permits a maximum sentence of life imprisonment and a $50,000 fine for a Class C felony.

State v. Rice · filed 2016-03-02

First-degree manslaughter is a Class C felony, which carries a maximum sentence of life imprisonment and a fine of $50,000. SDCL 22-6-1, -16-15.

Section 22-6-1 permits up to two years’ imprisonment and a $4,000 fine for a Class 6 felony.

State v. Ainsworth · filed 2016-05-11

As in this case, after the third offense, simple assault becomes a Class 6 felony punishable by two years imprisonment and a $4,000 fine.

Section 22-6-1(6) permits up to fifteen years imprisonment, a $30,000 fine, or both for a class three felony.

State v. Hauge · filed 2019-07-24(6)

However, as a habitual offender pursuant to SDCL 22-7-7, Hauge's offense was enhanced to a class three felony, for which the maximum punishment is fifteen years imprisonment, a $30,000 fine, or both. See SDCL 22-6-1(6). The circuit court's sentence, while stern, does not exceed the punishment prescribed by our Legislature.

Section 22-6-1 authorizes up to life imprisonment and a $50,000 fine for a Class C felony.

State v. Ceplecha · filed 2020-03-04

First-degree manslaughter, a class C felony, carries a maximum sentence of life imprisonment and a fine of $50,000. See SDCL 22-6-1; SDCL 22-16-15. A life sentence, when reviewed against all other permitted punishments, is less than the harshest of all possible penalties—capital punishment (Class A felonies). It is also within the statutorily authorized sentencing scheme for first-degree manslaughter. SDCL 22-6-1.

Section 22-6-1(3) permits up to life imprisonment and a $50,000 fine for a Class C felony.

State v. Holler · filed 2020-05-20(3)

Class C felonies are punishable by up to life in prison and a $50,000 fine. SDCL 22-6-1(3). ... The 80-year sentence is well within the statutory limits, and the 40 years suspended offers Holler the possibility of release on parole in 20 years, under SDCL 24-15A-32.

Section 22-6-1(3) authorizes life imprisonment for a Class C felony and permits a $50,000 fine.

State v. Caffee · filed 2023-09-20(3)

The maximum penalty authorized for a Class C felony is “life imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed[.]” SDCL 22-6-1(3).

Section 22-6-1(3) sets life imprisonment as the maximum penalty for a Class C felony.

State v. Henry · filed 2024-05-29(3)

First-degree manslaughter is a Class C felony that carries a maximum possible penalty of life imprisonment. SDCL 22-16-15; SDCL 22-6-1(3). ... Such a sentence was within the statutory maximum, and there is no indication that the sentence was outside the range of permissible choices.

Section 22-6-1(3) permits life imprisonment and a $50,000 fine for a Class C felony, so a 75-year prison sentence falls within its authorized range.

State v. Bear Robe · filed 2024-12-11(3)

First-degree manslaughter is a Class C felony with a maximum penalty of “life imprisonment in a state correctional facility. In addition, a fine of fifty thousand dollars may be imposed[.]” SDCL 22-6-1(3). On the scale of the nine felony classes in SDCL 22-6-1 (six numbered classes and three lettered classes), a Class C felony is the third highest in the range of all permitted punishments. Bear Robe received a sentence of 75 years, which is well within the authorized range of sentence.

Section 22-6-1(5) sets a maximum prison term of twenty-five years for a Class 2 felony.

United States v. Steele · filed 2018-08-13(5)

The government charged Steele under the Major Crimes Act based on a violation of South Dakota’s first-degree-burglary statute, S.D. Codified Laws § 22-32-1(1), which carries a maximum term of imprisonment of twenty-five years in prison, id. § 22-6-1(5), -32-1.

Section 22-6-1 sets a maximum penalty of ten years’ imprisonment and a possible ten thousand dollar fine for a Class 4 felony.

State v. Habbena · filed 1985-07-31

Under SDCL 22-6-1, the maximum penalty is ten years’ imprisonment, plus the additional possibility of a ten thousand dollar fine.

Section 22-6-1 authorizes a maximum sentence of ten years for a class 4 felony.

State v. Sheridan · filed 1986-04-02

Error cannot plainly be found from a sentence which is well within the ten year maximum penalty which SDCL § 22-6-1 authorizes for a class 4 felony.

Section 22-6-1(6) permits a prison sentence of up to ten years for a Class 4 felony.

State v. Wooley · filed 1990-09-05(6)

Thus, as state asserts, the trial court was authorized to impose a separate sentence of up to ten years in the penitentiary for each of Wooley’s three convictions.

Section 22-6-1(5) authorizes up to fifteen years in the state penitentiary and/or a fine of up to fifteen thousand dollars for a Class 3 felony.

State v. Janis · filed 1995-03-29(5)

The authorized punishment for a Class 3 felony offense is up to fifteen years imprisonment in the state penitentiary and/or a fine of up to fifteen thousand dollars. SDCL 22-6-1(5). Thus, out of a possible fifteen years in the penitentiary, Janis received a sentence of five years, which is well within the statutory limits.

Section 22-6-1 sets a maximum prison term of ten years for a Class 4 felony.

State v. Schmidt · filed 2012-11-07

The maximum penalty for a Class 4 felony is ten years in the state penitentiary. SDCL 22-6-1.

Section 22-6-1(4) permits up to fifty years’ imprisonment, a $50,000 fine, or both for second-degree rape.

State v. Yeager · filed 2019-03-06(4)

Second-degree rape is a felony punishable by up to fifty-years imprisonment, a maximum $50,000 fine, or both.

Section 22-6-1(2) provides life imprisonment in the state penitentiary as the sentence for a Class B felony.

State v. Kaiser · filed 1995-01-25(2)

According to SDCL 22-3-8(1), Kaiser’s sentencing must comply with that of a Class B felony, life imprisonment in the state penitentiary. SDCL 22-6-1(2).

Section 22-6-1 sets a maximum prison sentence of twenty-five years for a Class 2 felony.

State v. Deleon · filed 2022-04-06

Attempted first-degree murder and commission of a felony with a firearm are both Class 2 felonies and carry maximum prison sentences of twenty-five years. See SDCL 22-16-4; SDCL 22-14-12; SDCL 22-4-1; SDCL 22-6-1.

Section 22-6-1 permits a life sentence for voluntary manslaughter.

State v. Pulfrey · filed 1996-05-08

The South Dakota Legislature allows a sentence of life imprisonment for voluntary manslaughter. SDCL 22-6-1.

Section 22-6-1(1), applied with the habitual offender statute, permits a life sentence for an offender with four prior felonies.

State v. Traversie · filed 1986-04-23(1)

Thus, under SDCL 22-7-8.1 and SDCL 22-6-1(1), we consider that Traversie could have been sentenced to life imprisonment and he is an habitual criminal.

Section 22-6-1 authorizes a court to order a defendant convicted of a felony to make restitution in addition to the imposed sentence, including imprisonment.

State v. Wolff · filed 1989-03-22

SDCL 22-6-1 authorizes courts, in addition to sentence imposed, to order a defendant found guilty of a felony to “make restitution to any victim in accordance with the provisions of chapter 23A-28.”

Section 22-6-1 authorizes a court to order a person convicted of a felony to make restitution to a victim in accordance with chapter 23A-28.

State v. Hurst · filed 1993-11-10

SDCL 22-6-1 and 22-6-2 authorize courts, in addition to the sentence imposed, to order a defendant found guilty of a felony or misdemeanor to "`make restitution to any victim in accordance with the provisions of chapter 23A-28.'" State v. Wolff, 438 N.W.2d 199, 201 (S.D.1989) (quoting SDCL 22-6-1).

Section 22-6-1 permits a court sentencing a felony defendant to order restitution to a victim in addition to the sentence.

State v. Henjum · filed 1996-01-24

Courts clearly have the authority to authorize restitution: "The court, in imposing sentence on a defendant who has been found guilty of a felony, may 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.” SDCL 22-6-1.

Section 22-6-1 makes felony restitution an obligation in addition to the prison sentence, enforceable after the defendant’s release.

State v. Gullickson · filed 2003-03-19

Second, the circuit court ordered restitution, separate and independent of Gulliekson’s prison sentence. SDCL 22-6-1 provides in pertinent part: ... Because restitution acts as an independent judgment to any other sentence imposed, it-must have an avenue for collection other than being tied to the conditions of probation, suspended sentence, or collection by file Department of Corrections while the defendant is incarcerated.

Section 22-6-1 does not authorize revocation of a municipal contractor license as part of a felony sentence.

State v. Neitge · filed 2000-03-15(7)

As such, the circuit court exceeded its bounds of authority when it revoked a contractor’s- license, as there is no language in SDCL 22-6-1(7) authorizing such a penalty.

Section 22-6-1 sets felony punishment limits that, for the offenses at issue, allowed life imprisonment on some counts and fifteen years on others.

State v. Craig · filed 2014-07-02

We agree, and indicative of that determination, the maximum punishment is life imprisonment. SDCL 22-22-1, SDCL 22-22-1.2, & SDCL 22-6-1. ... The maximum penalty for Craig’s remaining counts is fifteen-years imprisonment. SDCL 22-22-7, SDCL 22-22A-3(2), & SDCL 22-6-1.

Section 22-6-1 limits the sentence for a defendant who committed a Class A, B, or C felony before age eighteen to a term of years in prison and a fine of up to $50,000.

State v. Quevedo · filed 2020-07-22

As indicated above, the maximum sentence a juvenile can receive under SDCL 22-6-1 is “a term of years in the state penitentiary, and a fine of fifty thousand dollars . . . .”

Section 22-6-1 permits a life sentence for each Class C felony count of first-degree manslaughter.

State v. Toavs · filed 2017-12-27

The court could have granted the State’s request and imposed a life sentence for each count. See SDCL 22-16-15; SDCL 22-6-1. Yet, the court imposed a sentence that was substantially similar to that recommended in the presentence investigation report and that was for considerably less time than the maximum allowed.

Section 22-6-1 permits at most a term of years in prison and a $50,000 fine for a juvenile convicted of first-degree murder.

State v. Diaz · filed 2016-11-22

Under SDCL 22- 6-1, the harshest penalty a court can impose against a juvenile convicted of this State’s most severe crime is “a term of years in the state penitentiary, and a fine of fifty thousand dollars[.]”

Section 22-6-1 permits a term of years in prison and a $50,000 fine as the harshest penalty for a juvenile offender convicted of the state’s most severe crime.

State v. Charles · filed 2017-03-29

The harshest penalty a juvenile offender could receive for this State’s most severe crime is “a term of years in the state penitentiary, and a fine of fifty thousand dollars[.]” SDCL 22-6-1.

Section 22-6-1 no longer mandates life without parole for a juvenile convicted of a Class A or B felony.

State v. Jensen · filed 2017-04-19

SDCL 22-6-1 no longer mandates a life sentence without parole for a juvenile offender convicted of a Class A or B felony.