South Dakota

Intentional damage to property is defined as intentionally damaging the property of another or public property without consent. The charge and sentence you face for this crime depends on the value of the damage done in the commission of the crime.

3rd degree intentional damage to property is committed when the damage is valued at $400 or less. This is a Class 2 misdemeanor which carries a potential penalty of 30 days in jail and fines reaching $500.

2nd degree intentional damage to property is committed when the damage is valued at between $400 and $1,000. This charge is a Class 1 misdemeanor punishable by up to 1 year in jail and fines of $2,000.

1st degree intentional damage to property applies when the damage committed to property is valued at more than $1,000 and less than $100,000. This is a  Class 4 felony which carries a potential sentence of up to 10 years in prison and fines of $20,000.

Aggravated intentional damage to property is the most serious and occurs when the damage is valued at more than $100,000. This offense is a Class 3 felony which could be sentenced by up to 15 years in prison and $30,000 in fines.

Ref: SDCL §22-34-1

Knowingly Damaging or Tampering with Property that Causes Interruption of Utilities

If you knowingly damage or tamper with any property which leads to a substantial interruption or impairment of any of the following, you could face this serious charge:

  • Television services
  • Water supply
  • Public transportation
  • Telephone services
  • Police, emergency, or fire communications
  • Radio services
  • Gas
  • Power
  • Other public utilities

This offense is a Class 6 felony which carries a potential sentence of two years in prison and $4,000 in fines.

Ref: SDCL §22-6-1