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What is the Law on Burglary in South Dakota, and what are the Punishments for it?

It is a state of the U.S which is named after the Native American tribes. It consists of the very famous Mount Rushmore and the pine-covered Black Hills.

Burglary and Unlawful Entry in South Dakota

The revised code for crimes in South Dakota was issued in 2010. Under title 22 and chapter 32 comes the laws for burglary and unlawful entry. The punishment for burglary in the first degree is life imprisonment and in the second degree is a sentence of a maximum of 15 years in prison along with a fine.

Section 22-32-1
Under this section comes the crime of first-degree burglary. An unauthorized person either staying or entering a building or half-finished structure, except if the place is open to public or the person is licensed, is charged under this section as a burglary in the first degree. This crime is considered a Class 2 felony.

A person is found guilty of the crime when he or she possesses a weapon or when is caught in the nighttime or is to have threatened to harm another person physically.

Section 22-32-2
This section is to have been repealed. In this case, the government can no longer punish the crime according to legal rights. It is repealed by SL 1976, ch 158, 32-5.

South Dakota Burglary Laws

Section 22-32-3
Under this section comes the crime for second-degree burglary. An unauthorized person either staying or entering a building or half-finished structure, except if the place is open to the public or the person is licensed and under the situation that does not come under the first-degree burglary, is charged under this section as a burglary in the second degree. This crime is considered a Class 3 felony. These come under various sections as follows: SDC 1939, 13.3702 (1), 13.3705 (2); SDCL, 22-32-7; SL 1976, ch 158, 32-2; SL 1989, ch 200, 2; SL 2005, ch 120, 108.

Section 22-32-4 to 22-32-7
This section is to have been repealed. In this case, the government can no longer punish the crime according to legal rights. It is repealed by SL 1976, ch 158, 32-5.

Section 22-32-8
Under this section comes the crime of third-degree burglary. An unauthorized person either staying or entering a building or half-finished structure, except if the place is open to public or the person is licensed, is charged under this section as a burglary in the first degree. This crime is considered a Class 5 felony.

These come under various sections as follows: SDC 1939, 13.3703 (1), 13.3705 (3); SL 1941, ch 47; SDCL 22-32-10; SL 1976, ch 158, 32-3; SL 1989, ch 200, 3; SL 2005, ch 120, 109; SL 2013, ch 101, 62.

Burglary Laws South Dakota

Section 22-32-9 to 22-32-14
This section is to have been repealed. In this case, the government can no longer punish the crime according to legal rights. It is repealed by SL 1976, ch 158, 32-5.

Section 22-32-15
A person is charged under this section and is found to be guilty if he or she commits suspicious activity at the night time. In this case, the period to be considered as night is exactly thirty minutes after sunset until thirty minutes before sunrise. These come under various sections as follows: SDC 1939, 13.3708; SL 2005, ch 120, 110.

Section 22-32-16
This section is to have been repealed. In this case, the government can no longer punish the crime according to legal rights. It is repealed by SL 1984, ch 170, 1.

Section 22-32-17
This crime is considered a Class 6 felony. When a person is enquired for suspicious activity and if he or she possesses weapons or any other tools or explosives relative to burglary, then the person is found guilty of the crime and is charged under this section. These come under various sections as follows: SDC 1939, 13.3707; SL 1972, ch 141, 1; SL 1976, ch 158, 32-4; SL 2005, ch 120, 111.

Burglary Laws

Section 22-32-18
This section is to have been repealed. In this case, the government can no longer punish the crime according to legal rights. It is repealed by SL 1976, ch 158, 32-5.

Section 22-32-19
This crime is considered a Class 6 felony. A person is guilty of a crime, under this section, if he or she commits or intents to commit any crime or makes unauthorized entry into a restricted place with a motor vehicle. This section is specifically for criminal entry of a motor vehicle. These come under various sections as follows: SL 1993, ch 179; SL 2005, ch 120, 112.

Section 22-32-20
This crime is considered a Class 1 misdemeanor. If a person enters a restricted place forcibly using a motor vehicle and tends to stay inside with an intent of committing a crime or has committed a crime using that motor vehicle, is guilty under this section. These come under the various sections as follows: SL 2005, ch 120, 113.


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