South Dakota Codified Laws 22-14-12. Commission of felony while armed with firearms–Felony–Minimum sentences–Consecutive sentencing–Execution of sentence
Any person who commits or attempts to commit any felony while armed with a firearm, including a machine gun or short shotgun, is guilty of a Class 2 felony for the first conviction. A second or subsequent conviction is a Class 1 felony. The sentence imposed for a first conviction under this section shall carry a minimum sentence of imprisonment in a state correctional facility of five years. In case of a second or subsequent conviction under this section such person shall be sentenced to a minimum imprisonment of ten years in a state correctional facility.
Any sentence imposed under this section shall be consecutive to any other sentences imposed for a violation of the principal felony. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section.
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 felony | up to 50 years | up to $50,000 |
| Class 2 felony | up to 25 years | up to $50,000 |
Terms Used In South Dakota Codified Laws 22-14-12
- Conviction: A judgement of guilt against a criminal defendant.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
Source: SDC 1939, § 21.9902; SDCL, § 23-7-37; SL 1976, ch 158, § 14-8; SL 1977, ch 189, § 32; SL 1985, ch 192, § 48; SL 2005, ch 120, § 252; SL 2023, ch 82, § 12.