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S.D. Codified Laws § 22-6-11

Presumptive sentence of probation or fully suspended state correctional facility sentence--Departure for aggravating circumstances

Applied in 17 court decisions — leading case State v. Whitfield (2015)

Most recently applied in State v. Martin (March 2025)

Source: SL 2013, ch 101, § 53; SL 2016, ch 137, § 4; SL 2017, ch 95, § 1; SL 2017, ch 98, § 4; SL 2023, ch 82, § 11; SL 2024, ch 80, § 1; SL 2024, ch 81, § 1; SL 2024, ch 87, § 10.

How often courts cite this section

20142020202550
citing decisions per year

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.

The sentencing court shall sentence an offender convicted of a Class 5 or Class 6 felony, except those convicted under §§ 22-11A-2.1, 22-14-15, 22-18-1, 22-18-1.05, 22-18-26, 22-18-29, 22-19A-1, 22-19A-2, 22-19A-3, 22-19A-7, 22-19A-16, 22-22A-2, 22-22A-4, 22-22-24.3, subdivision 22-23-2(2), 22-24-1.2, 22-24B-2, 22-24B-12, 22-24B-12.1, 22-24B-23, 22-30A-17 if the property stolen is a firearm, 22-30A-46, 22-42-7, subdivision 24-2-14(1), 32-23-4.6, 32-34-5, and any person ineligible for probation under § 23A-27-12, to a term of probation. If the offender is under the supervision of the Department of Corrections, the court must order a fully suspended state incarceration sentence pursuant to § 23A-27-18.4. The sentencing court may impose a sentence other than probation or a fully suspended state incarceration sentence if the court finds aggravating circumstances exist that pose a significant risk to the public and require a departure from presumptive probation under this section. If a departure is made, the judge must state the aggravating circumstances on the record at the time of sentencing and in the dispositional order. Neither this section nor its application may be the basis for establishing a constitutionally protected liberty, property, or due process interest.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.