Any crime is either a felony or a misdemeanor. A felony is a crime which is or may be punishable by imprisonment in a state correctional facility. Every other crime is a misdemeanor.
S.D. Codified Laws § 22-1-4
Felony and misdemeanor distinguished
Applied in 4 court decisions — leading case State v. Stuck (1988)
Most recently applied in State v. Stuck (December 1988)
Source: SDC 1939, § 13.0103; SL 1976, ch 158, § 1-7; SL 2005, ch 120, § 359; SL 2023, ch 82, § 9.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.