22-6-5.2. Enhanced penalty for second, third, or subsequent violations--Limitation.
No enhanced penalty may be imposed for any second, third, or subsequent violation, except for an offense pursuant to the provisions of chapter 32-23, unless the defendant was convicted of or plead guilty or nolo contendere to the prior offense previous in time to committing the relevant second, third, or subsequent offense.
Source: SL 2005, ch 120, §430; SL 2012, ch 119, §1.
Structure South Dakota Codified Laws
Chapter 06 - Authorized Punishments
Section 22-6-1 - Felony classes and penalties--Restitution--Habitual criminal sentences.
Section 22-6-1.1 - Sentence to jail in lieu of penitentiary in minor felonies.
Section 22-6-1.2 - Minimum sentence for subsequent felony sex crime conviction.
Section 22-6-1.3 - Life imprisonment not imposed on defendant under eighteen years of age.
Section 22-6-5.1 - Double sentence for crime by prisoner-Exception.
Section 22-6-5.2 - Enhanced penalty for second, third, or subsequent violations--Limitation.
Section 22-6-6.1 - Concurrent or consecutive sentences at discretion of court.
Section 22-6-7 - Petty offense actions--Procedure.
Section 22-6-8 - Restitution to victims at discretion of court.