If a defendant has been convicted of three or more felonies in addition to the principal felony and none of the prior felony convictions was for a crime of violence as defined in subdivision § 22-1-2(9), the sentence for the principal felony shall be enhanced by two levels but in no circumstance may the enhancement exceed the sentence for a Class C felony. A defendant sentenced pursuant to this section is eligible for consideration for parole pursuant to § 24-15A-32 if the defendant receives a sentence of less than life in prison.

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
For details, see § 22-6-1

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Terms Used In South Dakota Codified Laws 22-7-8.1

  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.

Source: SL 1984, ch 166, § 2; SL 2005, ch 120, § 385; SL 2006, ch 117, § 1.