First degree escape--Felony
Applied in 19 court decisions — leading case State v. Fender (1984)
Most recently applied in State v. Robert (August 2012)
Source: SDC 1939, §§ 13.1226, 13.1227; SL 1955, ch 25, §§ 1, 2; SL 1957, ch 31; SDCL §§ 24-12-1, 24-12-2; SL 1977, ch 201, §§ 1, 2; SL 1978, ch 185, § 10; SDCL Supp, § 24-12-9; …
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.
Any escape by a prisoner constitutes first degree escape if the prisoner effects the escape:
(1) By means of the use or threat of violence;
(2) From a secure correctional facility; or
(3) From the immediate custody of a law enforcement officer or Department of Corrections employee.
First degree escape is a Class 4 felony.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.