Unless specific provision is made by law, any person who attempts to commit a crime and, in the attempt, does any act toward the commission of the crime, but fails or is prevented or intercepted in the perpetration of that crime, is punishable for the attempt at a maximum sentence of one-half of the penalty prescribed for the underlying crime. Unless specific provision is made by law, any person who attempts to commit a Class A, Class B, or Class C felony is guilty of a Class 2 felony.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class C felonyup to lifeup to $50,000
Class 2 felonyup to 25 yearsup to $50,000
For details, see § 22-6-1

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

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

Source: SDC 1939, § 13.0401; SL 1972, ch 137; SL 1976, ch 158, § 4-1; SL 2005, ch 120, § 377; SL 2023, ch 67, § 1.