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First-Degree Felony in South Dakota
In South Dakota, first-degree felonies are the most serious version of felony offenses. These crimes typically reveal an intent or premeditation to kill or to inflict serious bodily injury.
Section 22-6-1 of the South Dakota Codified Laws classifies felonies into nine classes: Class A, B, C, 1, 2, 3, 4, 5, and 6. The classes are based on the types of crimes and penalties. For instance, persons convicted of a Class A, B, or C felony may receive life imprisonment. However, Class 1 felonies carry up to a 50-year jail term. First-degree felonies are mainly grouped under the first six felony classes. Examples of such felonies include murder, kidnapping, arson, and rape.
Public Access to First-Degree Felony Records in South Dakota
Interested parties may access most first-degree felony records in South Dakota. The state generally discloses felony court records, unless they contain information that is exempt under the law. For instance, inquirers are unable to view information about crime victims in felony court records.
To access first-degree felony records, inquirers must use resources provided by state or local agencies. At the state level, the South Dakota Unified Judicial System hosts an online database of court summaries. Inquirers must pay the $20 search fee and provide relevant information to view court documents. The state district court’s PACER offers an alternative option for accessing online criminal case records. Inquirers must create an account and fill out the search data to access documents on the platform.
For offline access to first-degree felonies, inquirers may complete a request form and send it via mail or email to:
500 East Capitol Avenue
Attn: Clerk Support,
Pierre, SD 57501.
Email: ujsparssupport@ujs.state.sd.us.
An alternative option is to contact the circuit court clerk handling the case. The court clerk may allow online or offline-based requests for records in their custody.
| Source | Access Type | Website/Location |
|---|---|---|
| South Dakota Unified Judicial System | Online/email/mail | https://ujs.sd.gov/cases-and-records/court-records-search/ |
| Clerk of Court | mail/in-person | |
| Third-party record search | Online (may charge) | Southdakotacourtrecords.us |
Common Crimes Classified as First-Degree Felonies in South Dakota
Examples of first-degree felonies in South Dakota include:
- First-degree murder.
- First-degree rape.
- First-degree manslaughter.
- First-degree arson.
The FBI’s Crime Data Explorer maintains an annual statistics report on all documented first-degree felony incidents. Per the agency’s 2024 report, South Dakota’s criminal justice agencies recorded 35 murders, 374 rapes, 234 robberies, and 31 arsons.
| Crime | Brief Description |
|---|---|
| First-degree arson | Per SDCL 22-39.1, a person commits first-degree arson if they start a fire or cause an explosion with the intent to destroy another person’s occupied structure. |
| Kidnapping in the first degree | A person is guilty of kidnapping in the first degree when such person kidnaps another for any of these purposes:
|
| First-degree murder | It’s a first-degree murder if:
|
| Rape in the first degree | Per SDCL 22-22-1, it’s a first-degree rape if a defendant sexually penetrates a victim less than 13 years old. |
| First-degree burglary | A person commits a first-degree burglary if such person enters any premises with the intent to commit any crime and:
|
Prison Sentences and Fines for First-Degree Felonies in South Dakota
In South Dakota, first-degree felonies may carry sentences between 15 years and the death penalty. Convicted offenders may also pay up to $50,000 in fines.
First-felony offenses carry different penalties, which may depend on the felony class, prior convictions, or crime severity. Based on the felony class, Class A felonies have more severe penalties than lower classes. First-degree murder convicts may receive the death penalty, while persons convicted of a Class 2 felony may get up to 25 years in jail.
The number of prior convictions might determine the severity of a penalty. Case in point: a first-time rape conviction attracts a minimum 15-year sentence, while a second-time conviction may carry up to 25 years in jail.
| South Dakota First Degree Punishment | Prison Range | Maximum Fine |
|---|---|---|
| First-degree rape | 15 years to life imprisonment or the death penalty | Up to $50,000 |
| First-degree murder | Life imprisonment or the death penalty | Up to $50,000. |
| First-degree burglary | Up to $25,000 | Up to $50,000. |
| First-degree kidnapping | Up to $25,000. | Up to $50,000. |
| First-degree arson | Up to $25,000. | Up to $50,000. |
What is the Maximum Sentence for a First Degree Felony in South Dakota?
In South Dakota, the maximum sentence for a first-degree felony may vary depending on the felony class of the offense. Persons convicted of a Class A, B, or C felony may receive life imprisonment or the death penalty. However, the maximum sentence is 25 years for a Class 2 felony, like first-degree kidnapping and first-degree arson. Other felony classes and their maximum sentences are outlined below:
- Class 1 felony: 50-year maximum sentence.
- Class 2: 25-year maximum sentence.
- Class 3 felony: 15-year maximum sentence.
- Class 4 felony: 10-year maximum sentence.
- Class 5 felony: 5-year maximum sentence.
- Class 6 felony: 2-year maximum sentence.
What is First-Degree Murder in South Dakota?
Under SDCL 22-16-4, a person commits a murder in the first degree if:
- The person knowingly caused the death of another person, including an unborn child.
- The person killed another while perpetrating or attempting to perpetrate any robbery, arson, burglary, kidnapping, or discharging of a destructive explosive or device.
First-degree murder falls under the Class A felony group. Thus, persons convicted of first-degree murder may get life imprisonment without parole or the death penalty.
Can First Degree Felony Records Be Sealed or Expunged in South Dakota?
In South Dakota, you may seal or expunge first-degree felony records under these conditions:
- It is more than one year since the arrest date.
- It has been more than one year since the prosecuting attorney formally dismissed the case.
- The court passed a not guilty verdict.
However, the state allows the expungement of first-degree felony conviction records if:
- The offender is dead
- The governor pardoned the crime.
- The indictment is no longer a crime under the state laws.
Note: South Dakota laws define expungement as the sealing of records. This means the records still remain visible, but only to legally eligible parties, like the case parties and their legal representatives.
Difference Between First-Degree and Second-Degree Felonies in South Dakota
In South Dakota, first- and second-degree felonies are not the same; the records differ in terms of their severity and corresponding penalties.
First-degree felonies are typically more severe since they often lead to loss of life or serious physical injury. The crimes also contain an element of violence and premeditation to commit the crime. Nevertheless, penalties for first-degree felonies may depend on the offense’s felony class. First-degree felonies under Class A, B, or C may attract life imprisonment or the death penalty. In comparison, a class 2 first-degree felony carries up to 25 years imprisonment.
Second-degree felonies, however, often lack the intent or premeditation common in first-degree felonies. These crimes also carry less severe penalties. For instance, a first-degree and second-degree arson conviction may carry a maximum 25-year and 10-year sentence, respectively.
| Felony Level | Common Crimes | Sentencing Range |
|---|---|---|
| First Degree | Kidnapping, theft, arson, murder, rape, and burglary. | Up to life imprisonment or the death penalty. |
| Second Degree | Murder, kidnapping, theft, arson, burglary, and rape. | Up to life imprisonment or the death penalty. |
Statute of Limitations for First-Degree Felony Charges in South Dakota
The statute of limitations is the timeframe for a prosecutor to file charges against an offender. The statute of limitations in South Dakota may vary based on the crime type or felony class. For example, the state imposes a seven-year statute of limitations on all felony classes, except for crimes under Classes A, B, and C. Crimes like first-degree murder and manslaughter do not have a statute of limitations.
Probation and Parole Eligibility for First-Degree Felonies in South Dakota
Under SDCL 24-15-5, an inmate is generally eligible for parole under these conditions:
- The inmate has served one-fourth of the sentence for a first-time felony conviction.
- The inmate has served three-eighths of the sentence for a second-time felony conviction.
- The inmate has served one-half of the sentence for a third-time or more felony conviction.
However, persons sentenced to life imprisonment are not eligible for parole unless the inmate:
- Has a terminal illness.
- Requires extensive medical care.
- Is at least 65 years old and has served at least 10 years for a class 3 felony or below.
- Is at least 70 years old and has served at least 30 years of the prison sentence.
Persons convicted of felonies may receive probation instead of a prison sentence. The probation may run for the duration of the minimum prison sentence for the offense. Note that the court determines who is eligible for probation and may consider factors like prior conviction and the offender’s threat to public safety.
| Term | Definition | Eligible for First-Degree Felons |
|---|---|---|
| Probation | Court-ordered supervision instead of prison | Sometimes, it depends on crime severity and the judge's discretion. |
| Parole | Early supervised release from prison | Depends on the number of prior convictions. Persons serving life sentences or the death penalty are not eligible for parole. |
Impact of a First-Degree Felony Conviction on Criminal Records in South Dakota
First-felony convictions remain visible in publicly accessible domains and may severely impact a record subject’s personal, social, and financial life. Persons convicted of violent or sex-related felonies may find it difficult to get employed in specific industries. For instance, care facilities may screen out job applicants with a history of violence and sex-related felonies.
Landlords and housing authorities might refuse rent or purchase offers from first-degree felony convicts. Other consequences of first-degree felonies include:
- Temporary or permanent loss of voting rights and rights to own firearms.
- Low chances of getting a visa to specific regions.