South Dakota Codified Laws
Chapter 14 - Unlawful Use Of Weapons
Section 22-14-12 - Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence.

22-14-12. Commission of felony while armed with firearms--Felony--Minimum sentences--Consecutive sentencing--Execution of sentence.
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 the state penitentiary 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 the penitentiary.
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 of the sentence of any person convicted of a violation of this section.

Source: 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.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 22 - Crimes

Chapter 14 - Unlawful Use Of Weapons

Section 22-14-5 - Possession of firearm with altered serial number--Felony--Exception.

Section 22-14-6 - Possession of controlled weapon--Felony--Exceptions.

Section 22-14-7 - Reckless discharge of firearm or shooting of bow and arrow--Leaving trip device--Possession of loaded firearm while intoxicated--Misdemeanor.

Section 22-14-8 - Concealment of weapon with intent to commit felony--Felony.

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

Section 22-14-14 - Armed felony to be charged separately from principal felony charge--No offense charged when dangerous weapon an element of principal felony.