Any person who enters or remains in an occupied structure with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, under circumstances not amounting to first degree burglary, is guilty of second degree burglary. Second degree burglary is a Class 3 felony.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 3 felonyup to 15 yearsup to $30,000
For details, see § 22-6-1

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Terms Used In South Dakota Codified Laws 22-32-3

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

Source: 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.