Any person who enters or remains in an unoccupied structure, other than a motor vehicle, 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, is guilty of third degree burglary. Third degree burglary is a Class 5 felony.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 5 felonyup to 5 yearsup to $10,000
For details, see § 22-6-1
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Terms Used In South Dakota Codified Laws 22-32-8

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

Source: SDC 1939, §§ 13.3703 (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.