Any person who enters or remains in an occupied structure, 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 first degree burglary if:

(1) The offender inflicts, or attempts or threatens to inflict, physical harm on another;

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
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 22-32-1

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

(2) The offender is armed with a dangerous weapon; or

(3) The offense is committed in the nighttime.

First degree burglary is a Class 2 felony.

Source: SDC 1939, §§ 13.3701, 13.3705 (1); SDCL, § 22-32-2; SL 1976, ch 158, § 32-1; SL 1989, ch 200, § 1; SL 2005, ch 120, § 107.