South Dakota § 22-7-7 - One or two prior felony convictions--Sentence increased--Limitation--Felony determination.
Full text of South Dakota South Dakota Codified Laws § 22-7-7 — One or two prior felony convictions--Sentence increased--Limitation--Felony determination., with citation guidance and answers to common questions.
§ 22-7-7. One or two prior felony convictions--Sentence increased--Limitation--Felony determination.
If a defendant has been convicted of one or two prior felonies under the laws of this state or any other state or the United States, in addition to the principal felony, the sentence for the principal felony shall be enhanced by changing the class of the principal felony to the next class which is more severe, but in no circumstance may the enhancement exceed the sentence for a Class C felony. The determination of whether a prior offense is a felony for purposes of this chapter shall be determined by whether the prior offense was a felony under the laws of this state or under the laws of the United States at the time of conviction of such prior offense. For the purpose of this section, if the principal felony is not classified it shall be enhanced to the class which has an equal maximum imprisonment. For the purposes of this section, if the maximum imprisonment for the principal felony falls between two classifications, the principal felony shall be enhanced to the class which has the less severe maximum authorized imprisonment.
Source: SDC 1939, § 13.0611; SDCL, § 22-7-1; SL 1976, ch 158, § 7-2; SL 1977, ch 189, § 18; SL 2005, ch 120, § 383.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 22-7-7
What does South Dakota Codified Laws § 22-7-7 cover?
Section 22-7-7 ("One or two prior felony convictions--Sentence increased--Limitation--Felony determination.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 22-7-7?
A common citation format is "South Dakota Codified Laws § 22-7-7" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 22-7-7 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.