## Theft charges in South Dakota Theft is graduated everywhere — the value of the property determines whether you face a misdemeanor or felony, and how serious the felony is. South Dakota sets its threshold at $1. ### South Dakota theft classification - **Felony threshold:** $1,000 (Class 6 felony) / $2,500 (Class 5) - **Petit / misdemeanor theft:** Class 1 misdemeanor (under $1,000) ## Common types of theft offenses - **Petit theft / petty larceny / shoplifting** — the basic misdemeanor; under the felony threshold - **Grand theft / grand larceny / felony theft** — over the felony threshold - **Theft from a person** — pickpocketing or seizing from the body; often elevated regardless of value - **Theft of services** — failing to pay for hotel, restaurant, gas ("drive-off") - **Receiving stolen property** — knowingly possessing items obtained by theft - **Identity theft** — separate, often-felony offense - **Embezzlement** — stealing by someone in a position of trust (employee, fiduciary) - **Robbery** — theft + force or threat (always a felony) - **Burglary** — entering with intent to commit theft inside (separate offense from theft itself) - **Auto theft / motor vehicle theft** — separate statutory framework in most states - **Retail theft / shoplifting** — separate statute in many states with civil-recovery options - **Theft of intellectual property / trade secrets** — federal and state statutes ## Aggregating multiple thefts Most states allow prosecutors to **aggregate** multiple smaller thefts to reach the felony threshold: - Multiple thefts from the same victim - Multiple thefts in a single course of conduct - Schemes spanning a defined time window (often 12 months) This means a string of small shoplifting offenses can become a single felony case. ## Common aggravators that elevate the charge - **Theft from elderly or disabled victims** — many states automatically elevate - **Theft of firearms** — separate higher-level offense - **Theft of motor vehicles** — separate statute - **Theft of credit cards / financial instruments** — often felony regardless of value - **Theft from a victim during commission of another crime** - **Theft using a deadly weapon** — robbery, not theft - **Repeat offender enhancements** — many states use "three-strikes"-type enhancements for repeat property crimes ## Common defenses - **Lack of intent to permanently deprive** — borrowing intent - **Honest claim of right** — believed the property was yours - **Mistake / consent of owner** — owner authorized taking - **Insufficient value** — challenge the prosecutor's valuation - **Identification issues** — wrong person - **Constitutional challenges** — illegal stop, search, interrogation - **Mental-health defenses** — lack of capacity ## Civil-recovery overlay Many states allow retail merchants to demand **civil damages** in addition to prosecuting criminally: - A multiple of the value (often 2x or 3x) - Plus statutory penalty ($50-$500) - Plus attorney's fees - Even if no conviction or prosecution Demand letters from "loss-prevention" attorneys are common after shoplifting incidents. ## Diversion options First-time, low-value theft cases often qualify for: - **Pre-trial diversion** — completion of program dismisses charge - **Deferred adjudication** — guilty plea held in abeyance - **Theft education programs** — required "shoplifting school" - **Restitution-only resolutions** Eligibility usually depends on no priors and willingness to make restitution. ## Collateral consequences A theft conviction (especially felony) closes doors: - **Employment** — particularly retail, banking, healthcare, government - **Professional licenses** — discipline likely - **Housing** — landlords screen for theft - **Immigration** — many theft offenses are "crimes involving moral turpitude" — deportable - **Bonding / fiduciary positions** — generally foreclosed - **Voting / firearms (felony)** — restricted ## What you should do Even small theft charges can carry oversized consequences. Talk to a South Dakota criminal-defense attorney IMMEDIATELY — many cases resolve favorably with skilled negotiation, particularly first-offense cases that qualify for diversion. Don't sign anything from store loss-prevention or police without a lawyer. Most South Dakota criminal-defense attorneys offer free initial consultations. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Theft thresholds and classifications get amended periodically (VA 2020, CA Prop 36 2024). Talk to a licensed South Dakota criminal-defense attorney about your specific case.*