Any crime is either a felony or a misdemeanor. A felony is a crime which is or may be punishable by imprisonment in the state penitentiary. Every other crime is a misdemeanor.

Terms Used In South Dakota Codified Laws 22-1-4

  • Felony: A crime carrying a penalty of more than a year in prison.
  • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.

Source: SDC 1939, § 13.0103; SL 1976, ch 158, §  1-7 ; SL 2005, ch 120, § 359.