South Dakota Statutes
§ 22-4-1 — Attempt--Punishment.
South Dakota § 22-4-1
This text of South Dakota § 22-4-1 (Attempt--Punishment.) 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 § 22-4-1 (2026).
Text
Unless specific provision is made by law, any person who attempts to commit a crime and, in the attempt, does any act toward the commission of the crime, but fails or is prevented or intercepted in the perpetration of that crime, is punishable for the attempt at a maximum sentence of one-half of the penalty prescribed for the underlying crime. Unless specific provision is made by law, any person who attempts to commit a Class A, Class B, or Class C felony is guilty of a Class 2 felony.
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Related
State v. Smith
1999 SD 83 (South Dakota Supreme Court, 1999)
State v. Dace
333 N.W.2d 812 (South Dakota Supreme Court, 1983)
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State v. Miskimins
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State v. Sieler
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State v. Bean
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State v. Loftus
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State v. Stapleton
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State v. Dale
439 N.W.2d 98 (South Dakota Supreme Court, 1989)
State v. Springer-Ertl
2000 SD 56 (South Dakota Supreme Court, 2000)
State v. Garreau
2015 SD 36 (South Dakota Supreme Court, 2015)
State v. Peterson
1996 SD 140 (South Dakota Supreme Court, 1996)
State v. Boe
2014 SD 29 (South Dakota Supreme Court, 2014)
State v. Waugh
2011 S.D. 71 (South Dakota Supreme Court, 2011)
State v. Podzimek
2019 S.D. 43 (South Dakota Supreme Court, 2019)
State v. Berhanu
2006 SD 94 (South Dakota Supreme Court, 2006)
State v. Reed
2010 SD 66 (South Dakota Supreme Court, 2010)
State v. Rouse
2025 S.D. 29 (South Dakota Supreme Court, 2025)
Berry v. Fluke
(D. South Dakota, 2022)
Legislative History
SDC 1939, § 13.0401; SL 1972, ch 137; SL 1976, ch 158, § 4-1; SL 2005, ch 120, § 377; SL 2023, ch 67, § 1.
Nearby Sections
15
§ 22-1-2
Definitions.§ 22-1-3
Repealed§ 22-1-5
Repealed§ 22-10-1
Riot--Violation as felony.§ 22-10-10
Repealed§ 22-10-12
Repealed§ 22-10-13
§ 22-10-13§ 22-10-17
Incitement to riot--Violation as felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 22-4-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/22-4-1.