Petty Theft in South Dakota: Tiers, Felony Threshold & Restitution

Petty theft in South Dakota is a misdemeanor that splits into two levels based on the value of what was taken. Stealing property worth $400 or less is a Class 2 misdemeanor, punishable by up to 30 days in jail and a fine of up to $500. Stealing property worth more than $400 but not more than $1,000 is a Class 1 misdemeanor, punishable by up to a year in jail and a fine of up to $2,000. On top of any sentence, the court must order restitution, and the store can pursue a separate civil claim.

The Two Petty Theft Tiers

South Dakota separates petty theft into two degrees strictly by dollar value.

Second-degree petty theft covers property valued at $400 or less. It is a Class 2 misdemeanor.¹ The maximum sentence is 30 days in county jail, a $500 fine, or both.²

First-degree petty theft covers property worth more than $400 but not more than $1,000. It is a Class 1 misdemeanor,³ with a maximum of one year in county jail, a $2,000 fine, or both.²

These are ceilings. Judges routinely impose less than the maximum, and many petty theft cases end in probation rather than jail time, especially for first-time offenders and low-value takings. The ceiling still matters, though, because it drives collateral consequences that outlast any sentence.

How the Value Is Calculated

Value means the fair market price the item would bring in the current local market. That figure decides which tier you face, and prosecutors can combine incidents to push you into the higher one. Under SDCL 22-30A-18, thefts from related incidents can be aggregated to determine the degree of offense. Five separate $250 shoplifting incidents at the same store can be added together to reach $1,250, which crosses the felony line entirely rather than staying as five stand-alone misdemeanors.

When Petty Theft Becomes a Felony

Once the value tops $1,000, the charge becomes grand theft. At $1,001 to $2,500, that’s a Class 6 felony carrying up to two years in state prison and a $4,000 fine.⁴⁵ The felony classes climb from there as values rise.

Some items are always grand theft regardless of price. Stealing a firearm worth less than $2,500, taking property directly from another person’s body, and stealing livestock all qualify as Class 6 felonies even when the dollar amount would otherwise be a misdemeanor.⁴ If your case involves any of those, the petty theft rules on this page don’t apply.

Restitution Is Mandatory

South Dakota law requires the court to order restitution in every misdemeanor sentence where there’s a victim. SDCL 22-6-2 directs the court to order restitution in accordance with chapter 23A-28.² The amount covers everything the victim could recover in a civil suit from the same incident, minus punitive damages and pain and suffering.⁶

If the court sentences you to jail, probation, or a suspended sentence, a court services officer builds a restitution plan listing each victim, an exact dollar amount, and a payment schedule. The plan takes your income, job prospects, family situation, and finances into account. You can dispute the amount and get a hearing, where the judge decides.⁶ Restitution runs separately from any criminal fine. You can owe both.

The Store Can Send You a Civil Demand

The criminal case isn’t the only bill. South Dakota gives merchants a separate civil remedy under SDCL 22-30A-19.1. A shoplifter is liable for the full retail value of the merchandise even if the store got the item back undamaged, plus a penalty of four times the retail value or $100, whichever is greater.⁷

The typical process starts with a demand letter. Pay within 30 days and the civil matter ends. Ignore it and the statutory penalty doubles.⁸ This liability is independent of the criminal case. An acquittal doesn’t automatically defeat it, and paying court-ordered restitution doesn’t cancel the merchant’s demand.

Defenses That Actually Work

Every theft charge requires the prosecutor to prove intent to deprive someone of their property under SDCL 22-30A-1.⁹ Two statutory defenses under SDCL 22-30A-16 attack that element directly. You can defend by showing you were genuinely unaware the property belonged to someone else, or by showing you acted under an honest and reasonable belief that you had a right to the property or to dispose of it as you did.¹⁰

Both defenses hinge on what you did next. Grabbing an identical bag by mistake at a coffee shop is a factual mix-up. Realizing the mistake and driving off with the bag looks like theft. Prosecutors read post-taking conduct carefully, and so do juries.

Getting a Petty Theft Conviction Off Your Record

A Class 2 misdemeanor petty theft conviction is automatically removed from the public record after five years, as long as you completed all court-ordered conditions and picked up no new convictions during that window. Court personnel can still see it, and it can still enhance later charges, but it stops appearing in public-facing records without any filing on your part.

Class 1 misdemeanors don’t get automatic removal. First-degree petty theft convictions become eligible for expedited pardon processing after ten years for nonviolent offenses. The stronger option, if you qualify, comes before conviction. Under SDCL 23A-27-12.2, a judge can grant a suspended imposition of sentence for any misdemeanor if you have no prior convictions. Complete probation, and the court seals the record. That outcome avoids most of the long-term employment and licensing damage a conviction causes.

How Long Can Charges Be Filed?

Prosecutors have seven years from the date of the offense to file petty theft charges under SDCL 23A-42-2, which sets the general limitation for public offenses not covered by a specific rule.¹¹ The gap since an incident matters less than many people assume. Charges can still land years later.

Extra Stakes for Non-Citizens

Federal immigration authorities routinely treat petty theft as a crime involving moral turpitude, which can lead to deportation or inadmissibility. The “petty offense exception” in INA § 212(a)(2)(A)(ii)(II) can prevent that outcome, but only if you have no more than one such conviction, the maximum possible penalty is one year or less, and your actual sentence was six months or less.¹²

The gap between the two petty theft tiers matters here. Second-degree petty theft’s 30-day ceiling sits well inside the exception. First-degree petty theft’s one-year ceiling sits right at the line, and courts have not resolved uniformly whether it counts. A single prior conviction for any crime involving moral turpitude removes the exception altogether. Any non-citizen facing a theft charge should treat the immigration side as at least as serious as the criminal side.

Juveniles and Parent Liability

A minor 10 or older who does something that would be theft for an adult goes through the juvenile justice system. The process is different: no jury, a rehabilitation focus, and broad judicial discretion. A judge can suspend the proceedings before any adjudication and place the minor on probation, and if the probation terms are completed, no adjudication of delinquency ever appears. When a court does adjudicate a minor delinquent, available dispositions include restitution, fines up to $1,000, probation, supervised community service, and alternative education placement.¹³

Parents share the financial exposure. Under SDCL 25-5-15, a parent is liable for up to $2,500 in actual damages caused by the willful or malicious acts of a minor child under 18 who lives with them.¹⁴ The cap runs per incident and stacks on top of any separate civil claim the store brings under the shoplifting liability statute.

1
South Dakota Legislature. South Dakota Codified Law 22-30A-17.3 – Petty Theft in the Second Degree Misdemeanor
2
South Dakota Legislature. South Dakota Codified Law 22-6-2 – Misdemeanor Classes and Penalties Restitution
3
South Dakota Legislature. South Dakota Codified Law 22-30A-17.2 – Petty Theft in the First Degree Misdemeanor
4
South Dakota Legislature. South Dakota Codified Law 22-30A-17 – Grand Theft Penalty
5
South Dakota Legislature. South Dakota Codified Law 22-6 – Authorized Punishments
6
South Dakota Legislature. South Dakota Codified Law 23A-28 – Restitution
7
South Dakota Legislature. South Dakota Codified Law 22-30A-19.1 – Liability of Shoplifter to Owner or Seller Penalty
8
South Dakota Legislature. South Dakota Codified Law 22-30A-19.4 – Failure to Pay Liability for Theft Penalty Doubled
9
South Dakota Legislature. South Dakota Codified Law 22-30A-1 – Theft Violation
10
South Dakota Legislature. South Dakota Codified Law 22-30A-16 – Ignorance and Honest Claim of Right as Affirmative Defenses to Theft
11
South Dakota Legislature. South Dakota Codified Law 23A-42 – Limitations of Criminal Actions
12
Office of the Law Revision Counsel. United States Code Title 8 Section 1182 – Inadmissible Aliens
13
South Dakota Legislature. South Dakota Codified Law 26-8C-7 – Decree of Disposition
14
South Dakota Legislature. South Dakota Codified Law 25-5-15 – Parental Liability for Acts of Minor