South Dakota Statutes

§ 22-14-12 — Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence.

South Dakota § 22-14-12
JurisdictionSouth Dakota
Title 22CRIMES
Ch. 22-13UNLAWFUL USE OF WEAPONS

This text of South Dakota § 22-14-12 (Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
S.D. Codified Laws § 22-14-12 (2026).

Text

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 o

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Related

State v. Miskimins
435 N.W.2d 217 (South Dakota Supreme Court, 1989)
40 case citations
State v. Smith
477 N.W.2d 27 (South Dakota Supreme Court, 1991)
39 case citations
State v. Birdshead
2015 SD 77 (South Dakota Supreme Court, 2015)
26 case citations
State v. Jucht
2012 S.D. 66 (South Dakota Supreme Court, 2012)
24 case citations
State v. Chavez
2002 SD 84 (South Dakota Supreme Court, 2002)
16 case citations
State v. McGarrett
535 N.W.2d 765 (South Dakota Supreme Court, 1995)
13 case citations
State v. Simons
313 N.W.2d 465 (South Dakota Supreme Court, 1981)
13 case citations
State v. Groves
473 N.W.2d 456 (South Dakota Supreme Court, 1991)
11 case citations
Watkins v. Class
1997 SD 76 (South Dakota Supreme Court, 1997)
7 case citations
Boehrns v. South Dakota Board of Pardons & Paroles
2005 SD 49 (South Dakota Supreme Court, 2005)
5 case citations
State v. Quinones Rodriguez
952 N.W.2d 244 (South Dakota Supreme Court, 2020)
5 case citations

Legislative History

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.

Nearby Sections

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Bluebook (online)
South Dakota § 22-14-12, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/22-14-12.