What is a Second Degree Felony in South Dakota?

A second-degree felony in South Dakota refers to a serious offense that is more severe than a misdemeanor but less severe than a first-degree felony. However, South Dakota does not label crimes as 'second-degree felonies.' Instead, the state classifies criminal offenses into a structured hierarchy of nine felony classes under South Dakota Codified Law (SDCL § 22-6-1). The most serious crimes fall under Class A, B, and C felonies, followed by Class 1 through Class 6 felonies.

South Dakota’s Class 2 felony does not directly correspond to a 'second-degree felony,' but the two are often compared because of their similar place within a state’s felony hierarchy. The severity and penalty range of a Class 2 felony in South Dakota are comparable to what many states classify as a second-degree felony. For example, a Class 2 felony carries a sentence of up to 25 years in prison, while states such as Texas, Florida, and Ohio impose penalties of 2 to 20 years for second-degree felonies.

Class 2 felonies are types of crimes more serious than lower-class felonies and misdemeanors but less severe than Class 1 felonies, which carry sentences of up to 50 years, or the mandatory life sentences imposed for Class A, B, and C felonies. Common examples of Class 2 felonies include:

• Robbery
• First-degree burglary
• First-degree arson
• Committing a felony while armed with a firearm
• Distribution of controlled substances to a minor.

Which Crimes Are Considered Second Degree Felonies in South Dakota?

In South Dakota, a Class 2 felony closely aligns with what many states define as a second-degree felony in terms of penalty ranges and the severity of crimes involved. These offenses are serious but less severe than Class A, B, and C felonies, which carry mandatory life sentences or the death penalty. Common examples of Class 2 felonies in South Dakota include:

• First-Degree Burglary: According to (SDCL § 22-32-1), a person commits first-degree burglary by entering or remaining in an occupied structure with the intent to commit a crime under aggravated circumstances, such as:
  • Being armed with a dangerous weapon
  • Inflicting, attempting, or threatening to inflict physical harm on another
  • Committing the offense at night.
• Robbery: Under SDCL § 22-30-1, robbery occurs when a person takes property from someone else, or from their immediate presence, by using force, threats, or intimidation. This offense is classified as a Class 2 felony.
• First-Degree Arson: As defined in SDCL § 22-33-9.1, a person commits first-degree arson by intentionally starting a fire or causing an explosion to destroy another person’s occupied structure. This crime is classified as a Class 2 felony.
• Drug Distribution to a Minor: According to SDCL § 22-42-2, distributing or dispensing certain controlled substances to a minor is a Class 2 felony.
• Commission of a Felony While Armed with a Firearm: Under SDCL § 22-14-12, committing any felony while carrying or using a firearm elevates the offense to a Class 2 felony because of the heightened risk of violence.

What is Second Degree Murder and How is it Classified in South Dakota?

SDCL § 22-16-7 defines second-degree murder as an intentional killing committed without premeditation but with extreme disregard for human life. South Dakota classifies it as a Class B felony, the second most serious offense after Class A felony (first-degree murder). A Class B felony conviction requires mandatory life imprisonment in the state penitentiary with no possibility of parole.

The key difference between first-degree murder (SDCL § 22-16-4) and second-degree murder is premeditation. First-degree murder requires a planned intent to kill, while second-degree murder does not; it is still intentional, but typically more impulsive. Manslaughter (SDCL § 22-16-15), by contrast, usually involves killings without an intent to kill, such as those caused by recklessness, heat of passion, or negligence. Simply put, murder is the intent to kill or extreme disregard for life, whereas manslaughter lacks that level of intent or malice.

South Dakota Second Degree Felonies Penalties and Punishments

Unlike states such as Texas or Florida, South Dakota does not classify crimes as “second-degree felonies”. Instead, it uses a system ranging from Class A to Class 6 felonies, with Class A being the most severe. In this structure, a Class 2 felony is the closest equivalent to a second-degree felony. Under SDCL § 22-6-1, a Class 2 felony carries a maximum sentence of 25 years in a state correctional facility, though the court may impose any term up to that limit at its discretion.

Along with imprisonment, the court may impose a fine of up to $50,000 for a Class 2 felony in South Dakota. Probation can also be an option in some cases, depending on the offense and the judge’s discretion. Per SDCL § 24-15A-32, an offender sentenced to prison may be eligible for parole after serving at least 30% of the sentence for nonviolent offenses or 50% for violent crimescrimes, with credit for good behavior. For repeat offenders, the required percentage may increase. However, parole eligibility does not guarantee release; the Board of Pardons and Paroles evaluates each case based on the inmate’s conduct, rehabilitation efforts, and the nature of the crime before making a decision.

Several factors can greatly increase a defendant’s sentence, such as:

• Prior Felony Convictions: Under SDCL § 22-7-7, repeat offenders face harsher penalties under the state’s habitual offender laws.
• Use of a Dangerous Weapon: Sentences can be enhanced if the crime involved firearms or other deadly weapons.
• Victim Characteristics: Crimes against children, elderly individuals, or other vulnerable victims may carry stricter penalties.
• Nature of the Crime: Particularly violent or cruel acts can push sentencing toward the maximum sentence.

In addition to fines and imprisonment, courts may require the defendant to repay victims for any financial losses through restitution.

Are Second Degree Felony Records Public in South Dakota?

Yes. Class 2 felony records (South Dakota's closest equivalent to second-degree felony records) are generally public in South Dakota. Under the South Dakota Open Records Act (SDCL § 1-27-1), most government records, including criminal conviction information, are open to the public. The Unified Judicial System makes case information available through its Public Access Records Search (PARS) portal, which allows anyone to look up Class 2 felony conviction records.

However, the courts keep certain Class 2 felony records confidential to protect individual privacy and ensure fairness. Examples include:

• Juvenile Records: Juvenile records are usually confidential, but they become public if the juvenile is tried and convicted as an adult for a serious felony.
• Pending Investigations: Courts may temporarily restrict certain records while a case is still active.
• Sensitive Information: The law protects personal details, such as Social Security numbers, victim addresses, and medical records, from public disclosure.

In South Dakota, Class 2 felony convictions cannot be expunged. SDCL § 23A-3-32 through § 23A-3-35 stipulates that only dismissed charges or arrests without convictions may qualify for expungement, leaving felony convictions permanent on the the public record.

Rules for public access to criminal records differ from state to state. For example, Pennsylvania and New Jersey allow individuals with nonviolent felony convictions to request record sealing after staying crime-free for a certain number of years. In contrast, South Dakota has stricter laws, offering limited expungement options and keeping felony convictions permanently on the the public record.

How to Access Second Degree Felony Court Records in South Dakota

Under the South Dakota Open Records Act (SDCL § 1-27-1), criminal court records, including Class 2 felonies, are generally open to the public. The South Dakota Unified Judicial System (UJS) makes these records available through its Public Access Records Search (PARS) portal. This paid service offers access to official criminal case records. To access it, individuals can:

• Visit the UJS Public Access Records Search (PARS) and select “Criminal”.
• Enter search details such as the defendant’s name, aliases, or date of birth.
• Pay the $20.00 fee for each search.
• Access a summary of court information, including charges, court dates, and the outcome of the case.

To obtain full case files or certified copies of Class 2 felony records, individuals may contact the clerk of court in the county where the case was filed. The clerk can provide physical or electronic copies for a fee. Contact details for each county’s Clerk of Court are available on the South Dakota Unified Judicial System (UJS) website. Many courthouses also have public access terminals, allowing interested persons to review case information in person at no cost.

Although a Class 2 felony conviction is public record, individuals are required to comply with local laws and respect privacy. Court records should not be misused for purposes such as stalking, harassment, or identity theft. Certain details, like Social Security numbers, medical information, and victim addresses, are protected by law and remain confidential.

Can Second Degree Felony Charges be Reduced or Dismissed?

Yes, Class 2 felony charges, South Dakota’s equivalent of a second-degree felony, can sometimes be reduced or dismissed. The outcome usually depends on the specific facts of the case, the strength of the evidence, and the prosecutor’s approach.

Most felony cases are resolved through plea bargaining. In these situations, prosecutors may reduce a Class 2 felony to a lower-level felony or even a misdemeanor if the defendant agrees to plead guilty. This allows the state to avoid a a trial while still obtaining a conviction on lesser charges.

A Class 2 felony charge may also be dismissed in certain circumstances. For example, if the evidence is too weak, a crucial witness is unavailable, or new information proves the defendant’s innocence. Under SDCL § 23A-44-2, prosecutors have the authority to file for dismissal. Judges can also dismiss charges if the defendant’s constitutional rights were violated, such as in cases of unlawful search and seizure, lack of probable cause at a preliminary hearing (SDCL § 23A-4-7), or unreasonable delays in prosecution (SDCL § 23A-44-3).

Class 2 felonies carry severe penalties, including long prison terms and fines. Anyone facing such charges should consult an experienced defense lawyer to review the case, negotiate with prosecutors, and safeguard their rights.

Is it Possible to Expunge or Seal a Second Degree Felony or Murder Record in South Dakota?

No, a Class 2 felony (South Dakota’s closest equivalent to second-degree felony) or a second-degree murder conviction cannot be expunged or sealed in South Dakota. Expungement laws (SDCL § 23A-3-27 to § 23A-3-35) apply only to arrests without convictions, dismissed charges, and certain juvenile records, which may still become public if the juvenile is tried as an adult for a serious felony. Felony convictions, including Class 2 felonies and murder, are excluded. South Dakota’s policy is to keep serious convictions permanent and accessible to the public.

South Dakota’s expungement laws are complex, making it essential to consult a criminal defense attorney. An attorney can determine whether a record qualifies for sealing and assist with the process, but they cannot override the law that makes serious felony convictions ineligible.

How Long Do Second-Degree Felony Records Stay Public in South Dakota?

In South Dakota, Class 2 felony (second-degree felony) records remain permanently public. Expungement is available only in limited situations, such as arrests without convictions or dismissals. The law treats a Class 2 felony as a serious offense, so the courts do not allow convictions to be expunged. The conviction record remains permanent, and the public can access it through the state’s Public Access Records Search (PARS) system and other databases, where employers, landlords, and anyone else may view it.

In some states, public access to certain felony records ends after a set period, or nonviolent felonies may be sealed if the person remains crime-free for several years. In South Dakota, however, felony convictions stay public for life, as the state upholds the public’s right to access this information indefinitely.