25.450.10 100th Legislative Session 160
2025 South Dakota Legislature
Senate Bill 160
Introduced by: Senator Peterson (Sue)
Underscores indicate new language.
Overstrikes indicate deleted language.
An Act to revise exceptions to the imposition of a Class 2 misdemeanor when no 1
other penalty is provided by statute. 2
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA: 3
Section 1. That ยง 22-6-2 be AMENDED: 4
22-6-2. Misdemeanors are divided into two classes which are distinguished from 5
each other by the following maximum penalties which are authorized upon conviction: 6
(1) Class 1 misdemeanor: one year imprisonment in a county jail or two thousand 7
dollars fine, or both; 8
(2) Class 2 misdemeanor: thirty days imprisonment in a county jail or five hundred 9
dollars fine, or both. 10
The court, in imposing sentence on a defendant who has been found guilty of a 11
misdemeanor, shall order, in addition to the sentence that is imposed pursuant to the 12
provisions of this section, that the defendant make restitution to any victim in accordance 13
with the provisions of chapter 23A-28. 14
Except in Titles 1 to 20 11, inclusive, 13 to 20, inclusive, 22, 25 to 28, inclusive, 15
32 to 36, inclusive, 40 to 42, inclusive, 47 to 54, inclusive, and 58 to 62, inclusive, if the 16
performance of an act is prohibited by a statute, and no penalty for the violation of such 17
statute is imposed by a statute, the doing of such act is a Class 2 misdemeanor. 18