The Law on Kidnapping/Abduction and its Punishments in South Dakota
When a person takes another person against their will to a place that is not known to the abducted/kidnapped person, then charges of kidnapping will be leveled against the offender. The kidnapping may be done for a variety of reasons including to obtain a ransom and to further a secondary crime. in some cases, people kidnap or abduct children in a child-custody case.
Types of Kidnapping in South Dakota
In South Dakota, kidnapping/abduction can be of one of two types. The first type is called kidnapping in the first degree, while the other type is called kidnapping in the second degree. Kidnapping occurs when a person or group of persons unlawfully take another person from their residence or place of work to an undisclosed destination. It also occurs when a person is unlawfully removed for a considerable distance from one place or when a person unlawfully confines a kidnapped person for a considerable period of time to commit a further offense.
The offense for which a person is kidnapped can be to obtain a reward or ransom or to use the kidnapped person as a shield or a hostage. Other offenses for which a person can be kidnapped include to help commit a felony or crime or to take flight from a particular place. If the kidnapper also inflicts bodily injuries on the kidnapper person or terrorizes the victim, then they can be charged with kidnapping in the state of South Dakota.
Sometimes, people kidnap others so that they can interfere with a government’s performance or to hinder political functioning. Finally, they can also kidnap a child under the age of 14 to detain the child or conceal him or her.
Kidnapping in the First Degree
Kidnapping in the first degree is a felony in South Dakota. More precisely, it will be treated as a Class C felony unless the kidnapper also inflicts bodily harm on the kidnapped person. If this happens, then the kidnapper will be charged with aggravated kidnapping in the first degree and such crime will be treated as a Class B felony.
Kidnapping in the Second degree
Kidnapping in the second degree is a felony in the state of South Dakota. In fact, it will be treated as a Class 3 felony unless the kidnapper also inflicts bodily harm on the kidnapped person in chic case it becomes a case of aggravated kidnapping in the second degree. Such a crime will then be treated as a Class 1 Felony.
In addition, when a person receives or possesses or disposes of the ransom money or any other property which was delivered in the form of ransom or reward for the kidnapping and who also knows that such money or property is actually a ransom or reward, then they will be charged with a Class 3 felony.
Punishment for Kidnapping/Abduction in South Dakota
The punishment for kidnapping/abduction in South Dakota can be quite severe. If a person is convicted of a Class C felony in South Dakota, they can be imprisoned for life and also have to pay an optional fine of fifty thousand dollars.
Persons that are convicted of a class 1 felony in the state of South Dakota will face up to fifty years in prison and an optional fine of fifty thousand dollars.
Persons convicted of a Class B felony in the state of South Dakota will face a mandatory life sentence and an optional fee of fifty thousand dollars.
Persons convicted of a class 3 felony in the state of South Dakota will face up to fifteen years behind bars and they may also have to pay a fine of thirty thousand dollars.