S.D. Statewide Fine and Bond Schedule

FY27 FINE AND BOND SCHEDULE FOR USE BY CLERK MAGISTRATES

TABLE OF CONTENTS

FY27 FINE AND BOND SCHEDULE FOR USE BY CLERK MAGISTRATES Effective July 1, 2026....................... 1

TABLE OF CONTENTS.......................................................................................................................... 1

ORDER................................................................................................................................................ 2

SCHEDULE I - BOND SCHEDULE............................................................................................................ 2

FELONIES.................................................................................................................................................... 2

CLASS 1 MISDEMEANORS AND ORDINANCES........................................................................................... 3

MUNICIPAL ORDINANCES.......................................................................................................................... 3

SCHEDULE II - FINE, BOND AND MAIL-IN AMOUNTS............................................................................ 4

Alcohol and Drug Offenses........................................................................................................................ 5

Conduct and Property Offenses................................................................................................................ 5

Driver License Offenses............................................................................................................................. 5

Emergency Vehicle Offenses..................................................................................................................... 6

Livestock Transportation Offenses............................................................................................................ 6

Motor Carrier Offenses.............................................................................................................................. 6

Motorcycle Offenses.................................................................................................................................. 7

Snowmobile Offenses................................................................................................................................ 7

Vehicle Equipment Offenses..................................................................................................................... 8

Vehicle Parking Offenses........................................................................................................................... 9

Vehicle Registration Offenses.................................................................................................................... 9

Vehicle Traffic Offenses............................................................................................................................. 9

Game, Fish and Parks Violations............................................................................................................. 12

Aquatic Invasive Species (AIS) Offenses.............................................................................................. 12

Boating/Public Water Offenses........................................................................................................... 12

Fishing Offenses................................................................................................................................... 13

Furbearer Offenses.............................................................................................................................. 14

Shooting Preserves.............................................................................................................................. 16

Hunting Offenses................................................................................................................................. 16

Park/Public Land Offenses................................................................................................................... 19

ORDER CONTINUED.......................................................................................................................... 21

GUIDELINES FOR TRUCK OVERWEIGHT OFFENSES............................................................................. 22

ORDER

IN CIRCUIT COURT

JUDICIAL CIRCUIT

STATE OF SOUTH DAKOTA

ORDER promulgating a schedule of fines and bonds and a fine and bond addendum for Class 2

misdemeanors and authorizing clerk magistrates to fix bonds in other offenses in the counties of this judicial

circuit.

SCHEDULE I - BOND SCHEDULE

In accordance with § 16-2-21(8)

Comes now the presiding judge of the Judicial Circuit and makes the following Order,

superseding all previous such orders, and authorizing clerk magistrates to allow personal recognizance or set

bond for persons charged with offenses as follows:

FELONIES

1. Those accused of murder, first degree manslaughter, or kidnapping are to be brought before a circuit judge

or magistrate judge for the first appearance.

2. Second degree manslaughter - $1,000 to $10,000

3. Grand theft - $1,000 to $10,000

4. Burglary - $1,000 to $10,000

5. Bad checks - $1,000 to $5,000

6. DUI (third & subsequent offenses) - $1,000 to $5,000

7. Robbery - $1,000 to $25,000

8. Sexual contact - $1,000 to $10,000

9. Rape - $1,000 to $25,000

10. Forgery - $1,000 to $5,000

11. All other felonies - $1,000 to $10,000

CLASS 1 MISDEMEANORS AND ORDINANCES

Guidelines to go by for your local usage.

1. DUI (first and second offense) - $225 to $1,000

2. Reckless driving - $150 to $208

3. Bad checks - $120 to $580

4. Domestic Abuse - Bond or other conditions of release shall be determined by a magistrate judge or circuit

court as required by § 25-10-40 and § 25-10-41.

SDCL 25-10-40: Restrictions on release of person charged with domestic abuse. No police officer or

sheriff may release a person charged with assaulting a person in a relationship described in § 25-10-3.1, or

violating a protection order, as provided for in this chapter, without providing notice to a committing

magistrate judge or circuit court. A committing magistrate judge or circuit court shall determine if bond or

other conditions of release are necessary for the protection of the alleged victim.

5. All other Class 1 misdemeanors - $95 to $1,000

MUNICIPAL ORDINANCES

All municipal offenses and misdemeanor possession of marijuana charges (for two ounces or less - P.R.

Bond)

-----------

Schedule II sets forth the bond and "mail-in" schedules for use where applicable. If the offense is a Class 2

misdemeanor under State law and is not listed on Schedule II, the defendant must appear before a magistrate or

a circuit judge.

Court Appearance is discretionary for accidents with injury or property damage.

SCHEDULE II - FINE, BOND AND MAIL-IN AMOUNTS

In further compliance with § 16-2-21 (8), the following are commonly cited violations for which clerk

magistrates are directed to charge the total amount indicated. The total amount includes the fine plus:

Liquidated Court Victim’s Total Court

Costs Automation Compensation Costs

Criminal Court Costs for Circuit Courts

§ 23-3-52 Surcharge Surcharge

§ 16-2-41 § 23A-28B-42

Class 2 misdemeanors (violation of state $50.00 $23.50 $5.00 $78.50

law)

Class 2 misdemeanors (parking $50.00 $23.50 $0.00 $73.50

violations of state law)

All violations of county/municipal $50.00 $17.50 $5.00 $72.50

ordinances

All Violations of county/municipal $50.00 $17.50 $0.00 $67.50

parking ordinances

Petty offenses $0.00 $0.00 $0.00 $0.00

The judgment amount for all petty offenses is $25 (SDCL 23-1A-22). No costs are assessed.

If a defendant is sentenced to pay a fine, costs, or restitution, the clerk magistrate, after consulting with a

magistrate judge or circuit judge, may require 1) execution of a wage assignment, 2) a schedule of time

payments, or 3) performance of community service work to discharge the debt in accordance with SDCL 23A-

27-25.1.

A defendant may choose to serve time in jail to pay the fine, costs for any criminal offense at a rate of $60 per

day for time served pursuant to SDCL 23A-27-25.5. However, this decision or any decision that requires the

defendant to serve jail time as a sentence must be rendered, after appropriate hearing, by a magistrate judge or

circuit judge. While a clerk magistrate may require the defendant to remain in custody if the defendant is unable

to meet the conditions of release, the clerk magistrate may not sentence a defendant to serve time in jail.

Alcohol and Drug Offenses

STATUTE OFFFENSE FINE TOTAL CODE

22-42-24 Driver use of marijuana in a motor vehicle $204 $282.50 SMOV

22-42-25 Passenger use of marijuana in motor vehicle $100 $178.50 SMPV

22-42A-3 Possession of drug paraphernalia $204 $282.50 DGPH

(in a motor vehicle requires court appearance)

32-12A-44 Commercial driving under the influence $254 $332.50 DWCV

34-46-2 & 5 Unlawful purchase, distribute, possess, sell tobacco $29 $107.50 VARIOUS

product

35-1-5.3 Drinking/mixing alcoholic beverage in a public place $54 $132.50 BTTL

35-1-9.1 Open alcoholic beverage container in motor vehicle $54 $132.50 OPEN

38-35-16 Transport Industrial Hemp without license (Class 2) $100 $178.50 TIHL

(Emergency Provision)

Conduct and Property Offenses

STATUTE OFFFENSE FINE TOTAL CODE

13-32-6 Disturbance of school $54 $132.50 DSCH

22-18-35 Disorderly conduct $54 $132.50 DSCO

22-35-6 Trespass-Entering or refusing to leave property after $54 $132.50 OCCP

notice

Driver License Offenses

32-12-22 No valid driver's license $54 $132.50 NDLC

32-12-65(2) Driving while license suspended $204 $282.50 DRRV

32-12-65(3) Driving while license canceled $104 $182.50 CANL

32-12-72 Allow unauthorized person to use motor vehicle $54 $132.50 AUPV

32-12-74 Violation of license restriction $54 $132.50 UVRL

32-12A-6 No commercial driver’s license $104 $182.50 CMDI

32-12A-8.2 Driving for out of service motor carrier operation $104 $182.50 DMCO

Emergency Vehicle Offenses

32-31-6 Failure to pull to edge of curb on proper audible

signal of emergency vehicle

$54 $132.50 MRGC

32-31-7 Following fire apparatus $29 $107.50 ALRM

32-31-8 Driving over fire hose $29 $107.50 HOSE

Livestock Transportation Offenses

40-20-18 Failure to exhibit transportation permit upon

demand

*Upon discovery of second offense, fine amount

to double (Fine not to exceed $500)

1-5

HEAD =

$75

6 &

UP=

$25

PER

HEAD

$153.50 –

$593.50

EHPR or

ETPD

Motor Carrier Offenses

10-47B-187(15) Failure to display fuel permit $104 $182.50 FUEL

32-9

Compensation and ton mileage violations

See specifically 32-9-6, -7, -14, -23.3, and -23.5.

$104 $182.50 Various

32-9-3.1

(32-5-49.1)

Operating nonresident harvest vehicle without

compensation certificate

$104 $182.50 HVRT

32-22 General weight, size and load restriction

For penalties now provided by law for such

offenses see GUIDELINES FOR OVERWEIGHT

TRUCK OFFENSES

$104 $182.50 Various

32-22-48 Crossing bridge with overweight vehicle $104 $182.50 BDGP

32-22-52 Overweight vehicles $104 $182.50 MXWP

32-22-57 Lift axel control $104 $682.50

Includes

$500 civil

penalty

LFAX

32-22-57.1 Failure to equip with pressure control device $104 $182.50 PRSS

32-33-17 Failure to stop at state weighing station $104 $182.50 WGST

49-28-63 Failure To Comply $104 $182.50 NCOM

49-28-66 Refusal to stop and submit to inspection $104 $182.50 FLSP

49-28A-3 Refusal to stop and submit to inspection $104 $182.50 LOGG

Refer to CFR 49B, chapter IIIB, parts 390 - 3101

Motorcycle Offenses

32-14-9.1 Operation of vehicle (snowmobiles, motorcycles $54 $132.50 OVPL

& ATVs) on private land without permission of

landowner

32-18-1 Brakes required $54 $132.50 BRAK

32-20-2 Operating without driver's license $54 $132.50 MCLI

32-20-4 Helmet required-under 18 years of age $54 $132.50 HLMT

32-20-6.1 Passenger seat $54 $132.50 CYCL

32-20-6.2 Position of motorcyclist $54 $132.50 CYPT

32-20-6.3 Carrying package which prohibits driver from $54 $132.50 CYCA

keeping both hands on handlebars

32-20-6.4 Rider interfering with control or view of operator $54 $132.50 CYCB

32-20-6.5 Attachment of driver or cycle to another vehicle $54 $132.50 CYCC

32-20-9.2 Cyclist overtaking and passing motor vehicle in $54 $132.50 MCPS

same lane

32-20-9.3 Operating cycle between adjacent lanes of traffic $54 $132.50 CYLN

32-20-9.5 Operating cycle more than two abreast in single $54 $132.50 CYOP

traffic lane

Snowmobile Offenses

32-14-9.1 Operation of vehicle (snowmobiles, motorcycles $54 $132.50 OVPL

& ATVs) on private land without permission of

landowner

32-20A-2 Operating recklessly or at excessive speed $54 $132.50 RKSM

32-20A-2 Operating without required muffler $54 $132.50 OPMF

32-20A-3 Operator age restrictions $54 $132.50 SNAG

32-20A-5 Improper use on controlled access highway $54 $132.50 SNCA

32-20A-5 Operation on railroad right-of-way $54 $132.50 OPRR

32-20A-7 Improper operation on or across a roadway $54 $132.50 SMRD

32-20A-10 Operating without lights when dark $54 $132.50 SNLT

32-20A-15 No snowmobile license $54 $132.50 SNLC

32-20A-19 Failure to report snowmobile accident $54 $132.50 SNAC

41-19-4 Use of Trails and Areas Restricted to Licensed $54 $132.50 SNTR

Snowmobiles

Vehicle Equipment Offenses

32-15-2.4 One-way windows or certain adhesive film on $54 $132.50 FILM

windshield / side wing vents (35% level)

32-15-2.5 One-way windows or certain adhesive film on $54 $132.50 FLMB

rear window (20% level)

32-15-2.9 Sunscreening devices on windshield prohibited $54 $132.50 SCRN

32-15-11 Sirens and whistles prohibited $54 $132.50 SIRD

32-15-17 Illegal exhaust $54 $132.50 MFCP

32-15-18 Dropping, sifting or leaking load $54 $132.50 LOAD

32-17-4 Operating vehicle without headlights $54 $132.50 LMLT

32-17-5 & 6 Improper construction/adjustment of headlights $54 $132.50 Various

32-17-7 Failure to dim headlights $54 $132.50 HDDM

32-17-9 Red lights on front of vehicle prohibited $54 $132.50 RDLP

32-17-10 Improper use of red/amber rotary light by tow $54 $132.50 REDP

truck

32-17-16 Clearance and identification lamps required by $54 $132.50 LIGH

vehicles transporting passengers for

compensation

32-17-19 Improper aiming and adjustment of spot lamps $54 $132.50 SPOT

32-17-20 Improper adjustment of any lamps other than $54 $132.50 LAMP

headlamps or spot lamps

32-17-27 Lights on parked vehicles $54 $132.50 LTPK

32-17-28 Emergency flares, lights, triangles required $54 $132.50 PFLR

32-17-29 Emergency flares/lights/triangles-when to be $54 $132.50 FLAR

used

32-17-42 Invalid installation or use of blue light by $54 $132.50 BLUP

fireperson

32-18-1 Brakes required $54 $132.50 BRAK

32-19-3 Studded tires in use from May 1 to September $54 $132.50 STUD

32-19-7 Permitted connection between towing and $54 $132.50 TFLG

towed vehicle – Maximum length

32-19-9 No safety chains $54 $132.50 TOWT

32-19-10 Safety chain slack and coupling $54 $132.50 SCHN

32-19-12 Operation with unsafe wheel as misdemeanor $54 $132.50 UNWH

32-19-13 Operation with cut or worn tire as misdemeanor $54 $132.50 WRTR

Vehicle Parking Offenses

32-30-1 Parking on highway $31.50 $105 RPRK

32-30-2 Standing or parking, obstructing clear view $31.50 $105 VHVW

32-30-2.1 Position for parking on two-way road $31.50 $105 IMPK

32-30-2.2 Position for parking on one-way road $31.50 $105 PKOW

Vehicle Registration Offenses

32-3-12 Operation of vehicle without certificate $54 $132.50 TTLE

32-5-2 Failure to register vehicle/Give proper

information

$54 $132.50 FILC

32-5-2.4 Expired validation sticker $54 $132.50 RNRG

32-5-6.3 Overweight on non-commercial license $54 $132.50 NNCM

32-5-27 Registration of out-of-state vehicles $54 $132.50 OSTG

32-5-98 Operation of vehicle without license plates or

license plates conspicuously displayed

$54 $132.50 XLCP

32-10-34 No proper vehicle registration $54 $132.50 RQIR

Vehicle Traffic Offenses

31-4-14.3 Failure to comply with weather

restriction/highway closure

$154 $232.50 CLHI

31-8-15 Unlawful use of controlled access facilities $54 $132.50 HFAC

32-5-8.2 Trailers or semitrailers with identification plates

may only be pulled by certain motor vehicles

$54 $132.50 IDPT

32-5-178 Misuse of Emblem Specialty Plates $54 $132.50 MESP

32-6B-25 Use of vehicles bearing dealer's demonstration

or in-transit permits --Time limitation --Issuance

of permits for unauthorized purposes prohibited

$104 $182.50 DDEP

32-14-9.1 Operation of vehicle (snowmobiles, motorcycles

& ATVs) on private land without permission of

landowner

$54 $132.50 OVPL

32-18-13 Parking Brakes Required $54 $132.50 PKBK

32-20-9.1 Deprive motorcycle of full use of lane $54 $132.50 LNMC

32-21-27 Improperly equipped vehicles on highway $54 $132.50 IMVH

32-21-30 Failure to comply with directions of officer $54 $132.50 FLCM

32-22-52 Truck overweight violation

**See Guidelines for Overweight Truck Offenses

$104 $182.50 MXWP

32-24-8 Careless driving $54 $132.50 SCDR

32-24-9 Exhibition driving $54 $132.50 EXHD

32-25-3 Overdriving road conditions $54 $132.50 OVRD

32-25-5 Failure to observe minimum speed on interstate $54 $132.50 MINS

highway

32-25-1.1 Speeding on a state highway other than SEE SPDS

interstate highway: BELOW

32-25-4 Speeding on interstate highway: SEE SPDI

BELOW

32-25-7 Speeding on other roadways (includes municipal SEE SPDO

streets and county roads): BELOW

32-25-7.1 Speeding on divided four-lane rural highways: SEE SPD4

BELOW

1 – 5 MPH Over Limit $19 $97.50

6-10 MPH Over Limit $39 $117.50

11-15 MPH Over Limit $59 $137.50

16-20 MPH Over Limit $79 $157.50

21-25 MPH Over Limit $99 $177.50

26 and up MPH Over Limit $154 $232.50

32-25-19.1 Speeding in a construction zone: SPCO

1 – 5 MPH Over Limit $38 $116.50

6-10 MPH Over Limit $78 $156.50

11-15 MPH Over Limit $118 $196.50

16-20 MPH Over Limit $158 $236.50

21-25 MPH Over Limit $198 $276.50

26 and up MPH Over Limit $308 $386.50

32-25-14 Speeding in a school zone: SCHL

1 – 5 MPH Over Limit $34 $112.50

6-10 MPH Over Limit $74 $152.50

11-15 MPH Over Limit $114 $192.50

16-20 MPH Over Limit $154 $232.50

21-25 MPH Over Limit $194 $272.50

26 and up MPH Over Limit $304 $382.50

32-26-1 Driving on wrong side of road $54 $132.50 WRNS

32-26-3 Failure to yield one-half of roadway $54 $132.50 YLDF

32-26-4 Mountain highways-curves-keep to right $54 $132.50 CURV

32-26-6 Illegal lane changing $54 $132.50 LNCH

32-26-9 Illegal barrier or median crossing $54 $132.50 MEDN

32-26-10 Illegal entry to, or exit from, controlled-access $54 $132.50 ACSS

highways

32-26-13 through Violation of right of way $54 $132.50 Various

32-26-17 through Illegal turning $54 $132.50 Various

32-26-22.1 Failure or improper use of signals $54 $132.50 SLGL

32-26-23 Improper arm, mechanical or electrical signals $54 $132.50 SIGL

32-26-25 Illegal U-turn $54 $132.50 UTRN

32-26-26 Illegal following, overtaking and passing $54 $132.50 OVTV

32-26-26.1 Failure to give 3-6 feet of separation passing a $54 $132.50 OBMS

bicyclist

32-26-34 Passing by crossing highway center line when $54 $132.50 PSVS

vision is obscured

32-26-36 Passing in an intersection $54 $132.50 DLFT

32-26-37 Passing in no passing zone $54 $132.50 NOPS

32-26-40 Following too closely $54 $132.50 FOLW

32-26-43 Maximum number of passengers in front $54 $132.50 PSGR

32-26-47.1 Use of Mobile Electronic Device $100 $178.50 EDWD

32-26-47.2 Accessing, reading or posting to social $100 $178.50 SNWD

networking site while operating motor vehicle

32-27-7 Failure to yield to pedestrian with white cane or $54 $132.50 STCN

guide dog

32-28-6 Failure to comply with flashing yellow or red $54 $132.50 RDLT

signal

32-28-7 Failure to Stop for Flashing Red Signal $54 $132.50 SNGL

32-28-10 Failure to obey traffic control device (red light) $54 $132.50 DRPL

32-29 Traffic sign or signal violation $54 $132.50 Various

32-29-2.1 Failure to stop at stop sign $54 $132.50 STOP

32-29-3 Failure to yield at yield sign $54 $132.50 YILD

32-29-4 Failure to stop for railway crossing signal or sign $54 $132.50 RRST

32-29-5 Failure to observe railroad crossing stop $54 $132.50 RRCR

32-30-11.4 Parking in a handicap zone $100 $173.50 UPHD

32-30-20 Unsafe backing $54 $132.50 BACK

32-30-21 Backing on controlled access highway $54 $132.50 SHDR

32-31-6.1 Move over law (Minimum fine of $270) $270 $348.50 STVH

32-33-2 Failure to appear for court hearing $54 $132.50 PRMP

32-34-3.1 Failure to report accident to police authority $54 $132.50 IMRP

when persons entitled to information disabled

32-34-4 Failure to stop & report after accident with $54 $132.50 STAC

unattended vehicle

32-34-7 Failure to immediately report accident, minor $54 $132.50 ARPT

damage, etc.

32-34-9 Failure of occupant to report accident when $54 $132.50 REPT

driver unable to do so

34-35-8 Throwing match or burning object from vehicle $104 $182.50 MTCH

34A-7-7 Littering from motor vehicle $104 $182.50 LTTR

*Additional fine can be assessed under 34A-7-17

Game, Fish and Parks Violations

Aquatic Invasive Species (AIS) Offenses

41-13A-2 Possess/Import/Ship/Transport AIS $104 $182.50 PIST

41-13A-3 Illegal conveyance placement into waters $104 $182.50 CPIW

41-13A-4 Conveyance removal requirements $104 $182.50 CVRR

41-13A-5 Failure to stop for inspection $104 $182.50 FLSI

41:10:04:05 Fish / bait water transportation restrictions $25 $103.50 FBTR

Boating/Public Water Offenses

32-3A-3 Operating boat without valid license or numbers $54 $132.50 BTNU

32-3A-5 Improper display of boat numbers $54 $132.50 DSNU

42-8-1.4 Violation of water restriction imposed by $54 $132.50 VWAR

Governor/designee

42-8-41 Misc. other boat safety equipment $54 $132.50 LFPR

42-8-44.1 Underwater diving violation (allowable area/flag $54 $132.50 DIVE

required)

42-8-48 Water-skiing after hours $54 $132.50 WSKI

42-8-49 Water-skiing without observer or mirror $54 $132.50 MIRO

42-8-58 Failure to report accident $54 $132.50 RPRT

42-8-69 Boat operator under age of 12 w/o responsible $54 $132.50 BUND

adult

42-8-102 Unsafe operation of personal watercraft by:

a) not wearing a PFD (lifejacket) $54 $132.50 BTLF

b) not using lights as is required by boat $54 $132.50 BTRE

c) not keeping no-wake requirements within 150’ $54 $132.50 BTWK

of swimmers/docks/non-motorized boats

d) allowing underage operator (under age 14) to $54 $132.50 BTOP

operate personal watercraft

e) not using engine cutoff lanyard as required $54 $132.50 BECO

41:04:01:07 Unauthorized/improper buoy placement $50 $128.50 BTBU

41:04:01:09 Operating boat in violation of posted waters $50 $128.50 MBWA

a) Boat in zoned swim area $50 $128.50 BTSZ

b) Boat under power in zoned swim area $100 $178.50 BTSA

c) Boat under power-zoned swim area w/swimmer $150 $228.50 BTSM

present

41:04:01:10 Person in water within 50’ of public boat ramp $50 $128.50 RAMP

unless loading/unloading boat

41:04:05:02 Insufficient number of personal flotation devices $50 $128.50 BPFL

(PFDs)

(1) PFD use required (child under 7 years of $50 $128.50 LFCH

age/hybrid)

(2) No throwable lifesaving device $50 $128.50 TRLP

41:04:05:03 No fire extinguisher $50 $128.50 BEXT

41:04:05:06 Violation of navigation rules $50 $128.50 VNAV

41:04:05:14 Careless operation $50 $128.50 BSPE

41:04:05:18 Operating motorboat without lights $50 $128.50 LITB

41:04:05:19 Overloading prohibited $50 $128.50 PORL

Fishing Offenses

34A-8-9 Take/transport/possess threatened or $204 $282.50 THFS

endangered fish

41-1-4 Wanton waste of fish $79 $157.50 WAST

41-2-18 Fishing during closed season $54 $132.50 FCLS

*Fishing Privileges Revoked

41-6-7 Unlawful entry onto boundary waters $104 $182.50 ULEN

from South Dakota

41-6-52 Residency requirements $104 $182.50 RESD

41-6-63 Failure to exhibit license $29 $107.50 HNTL

41-6-76 Fishing without license – resident $54 $132.50 RSLC

*Fishing Privileges Revoked

41-6-77 Fishing without license - non-resident $104 $182.50 NSLC

*Fishing Privileges Revoked

41-9-1 Trespass to fish (unknowing) $79 $157.50 Various

41-9-1 Trespass to fish (knowing) $500 $578.50 Various

*Fishing Privileges Revoked

41-12-3 Violate ice-fishing structure regulations $29 $107.50 ICEH

41-12-6 Too many lines $25 each line $78.50 LINS

costs

41-12-7 Unattended lines $25 each line $78.50 ATND

costs

41-12-8 Prohibited bait $29 $107.50 PRBA

41-12-12 Illegal fishing method (dip nets, snagging) $104 $182.50 QPMT

41-13-4 Emptying bait into public waters $104 $182.50 BATC

41-14-4 Unlawful public storage of fish (not for $29 $107.50 STOF

each fish)

[Packages not marked by owner]

41-14-32 Over limit of fish/unlawful possession:

a) Game fish with a limit of 25 or more $5 each $78.50 FSHO

costs

b) Paddlefish $250 each $78.50 FSPD

*Fishing Privileges Revoked costs

c) Other species of fish

1-3 over limit $30 each $78.50 FSSP

costs

4 to 8 over limit $50 each $78.50 FSXP

*Fishing Privileges Revoked costs

9 or more over limit COURT

*Fishing Privileges Revoked APPEARANCE

REQUIRED

d) Unlawful take, transportation, possession $79 $159.50 DTAG

of fish

41:07:01:03 Unlawful possession of minnows or $25 $103.50 UPMB

baitfish

41:07:01:05 Fishing in Restricted Area $50 $128.50 FISR

41:07:01:07 Unlawful transportation / public storage $25 $103.50 FIST

of frozen fish [more than two filets per

package]

41:07:01:14 Highgrading of fish prohibited $25 $103.50 HGFP

41:07:03:03 Fish length violation (each) $25 each $78.50 UNLG

costs

41:07:03:03 Possession of organic bait $25 $103.50 ORBA

41:07:03:03 Failure to retain walleye taken through ice $25 $103.50 ORBA

on Lower Francis Case

41:07:03:05 Unlawful possession of fish on the water $25 $103.50 ANGL

41:07:05:02 Paddlefish regulations $100 $178.50 PADL

through :05

41:09:04:03 Bait trapping regulations $50 $128.50 Various

through: 06

Furbearer Offenses

41-6-23 Trapping bobcat without license – $404 $482.50 TRBC

resident

*Trapping Privileges Revoked

41-6-23 Nonresident $504 $582.50 TBCN

* Trapping Privileges Revoked

41-6-23 Trapping other furbearer without a license $154 $232.50 TRLC

- resident

* Trapping Privileges Revoked

41-6-23 Nonresident $304 $382.50 TRLN

* Trapping Privileges Revoked

41-6-23 Hunting bobcat without license – resident $404 $482.50 HUBC

* Hunting Privileges Revoked

41-6-23 Nonresident $504 $582.50 HBCN

* Hunting Privileges Revoked

41-6-23 Hunting other furbearer without license – $154 $232.50 HRLC

resident

* Hunting Privileges Revoked

41-6-23 Nonresident $304 $382.50 HFLN

*Hunting Privileges Revoked

41-8-19 Hunting bobcat during closed season – $404 $482.50 HTCL

resident

* Hunting Privileges Revoked

41-8-19 Nonresident $504 $582.50 HBNR

* Hunting Privileges Revoked

41-8-19 Hunting other furbearer during closed $154 $232.50 RBCL

season – resident

* Hunting Privileges Revoked

41-8-19 Nonresident $304 $382.50 HFBN

* Hunting Privileges Revoked

41-8-19 Trapping bobcat during closed season – $404 $482.50 TBCL

resident

* Trapping Privileges Revoked

41-8-19 Nonresident $504 $582.50 TBNR

* Trapping Privileges Revoked

41-8-19 Trapping other furbearer during closed $154 $232.50 RBCL

season – resident

* Trapping Privileges Revoked

41-8-19 Nonresident $304 $232.50 TFNR

* Trapping Privileges Revoked

41-8-21 Possession of unchecked raw furs $79 $157.50 RFUR

41-8-24 Prohibited method of taking $79 $157.50 HTMT

mink/muskrat/beaver

41-9-1 Trespass to trap (unknowingly) $79 $157.50 Various

41-9-1 Trespass to trap (knowingly) $500 $578.50 Various

* Trapping Privileges Revoked

41-9-1.1 Trapping road right of way within 660 feet $79 $157.50 H660

of occupied dwelling

41:08:01:08.01 Failure to register bobcat within 5 days $100 $178.50 BCTR

41:08:02:01 Prohibited trapping methods $75 $153.50 PTRP

through :11

41:08:02:12 Possession of wild animal/Failure to notify $75 $153.50 PSAN

department

41:08:02:13 Failure to render trap inoperable $75 $153.50 TRPI

Shooting Preserves

41:09:01:02 Insufficient release of birds $200 $278.50 RELB

41:09:01:02.01 Failure to notify of release of birds $200 $278.50 NREL

41:09:01:04 Failure to tag birds $200 $278.50 TGBD

41:09:01:05.01 Records violation $200 $278.50 RERQ

Hunting Offenses

32-20A-12 Hunting from snowmobile $79 $157.50 HTSN

34A-8-9 Take / transport / possess threatened or $204 $282.50 THSP

endangered wild animals

41-1-4 Wanton waste of game $79 $157.50 WAST

41-6-7 Unlawful entry onto boundary waters $104 $182.50 ULEN

from SD

41-6-13 Minor hunting without adult supervision $14 $92.50 HNAD

41-6-16 Hunting without state migratory bird $4 $82.50 WTFW

certification

41-6-16 Hunting small game/waterfowl without $104 $182.50 HTLC

license, resident

* Hunting Privileges Revoked

41-6-17 Small game, no license, non-resident $204 $282.50 SGLC

* Hunting Privileges Revoked

41-6-18.1 Waterfowl, no license, non-resident $204 $282.50 NRST

* Hunting Privileges Revoked

41-6-27 Hunting turkey, no license, resident $104 $182.50 TWLR

* Hunting Privileges Revoked

41-6-27 Exceed turkey limit, resident:

1 bird over limit $104 $182.50 ELTR

* Hunting Privileges Revoked

2-3 birds over limit $150 each $78.50 XLTR

* Hunting Privileges Revoked costs

4 or more over limit Court

* Hunting Privileges Revoked Appearance

Required

41-6-28 Hunting turkey, no license, non-resident $154 $232.50 TWLN

* Hunting Privileges Revoked

41-6-28 Exceed limit, non-resident:

1 turkey over limit $104 $182.50 ELTN

* Hunting Privileges Revoked

2-3 birds over limit $150 each $78.50 XLTN

* Hunting Privileges Revoked costs

4 or more over limit Court

* Hunting Privileges Revoked Appearance

Required

41-6-30 Unprotected game, no license, non- $54 $132.50 UNGM

resident

* Hunting Privileges Revoked

41-6-33 No taxidermy license (or records $104 $182.50 TXDR

violations)

41-6-52 Residency requirements $104 $182.50 RESD

41-6-63 Failure to exhibit license $29 $107.50 HNTL

41-6-74.3 Failure to surrender license $54 $132.50 LCSU

41-6-78 Dog training violation $54 $132.50 DGTG

41-6-80 Unprotected game, no license, resident $29 $107.50 NLCG

* Hunting Privileges Revoked

41-8-16 Use of salt to attract big game $104 $182.50 SALT

41-8-17 Artificial light/night vision, $54 $132.50 LIGT

landowner/occupant/guest

41-8-17 Artificial light/night vision $204 $282.50 ALGT

* Hunting Privileges Revoked

41-8-17.1 Unlawful use of artificial light except $54 $132.50 SPLT

headlights

(10 p.m. to sunrise / Sept. 1 - Jan. 31)

41-8-37 Shooting from motor vehicle $129 $207.50 HNTV

* Hunting Privileges Revoked

41-8-41 Florescent orange clothing required $29 $107.50 HTOR

41-9-1 Unknowing trespass, resident $79 $157.50 UTRS

41-9-1 Unknowing trespass, nonresident $79 $157.50 UTRP

41-9-1 Knowingly trespass, resident $500 $578.50 TRSP

* Hunting Privileges Revoked

41-9-1 Knowingly trespass, nonresident $500 $578.50 TRSN

* Hunting Privileges Revoked

41-9-1.1 Hunting road right-of-way within 660 feet $129 $207.50 P660

of posted dwelling

* Hunting Privileges Revoked

41-9-1.1 Hunting road right-of-way within 660 feet $79 $157.50 H660

of dwelling/livestock, non-posted

41-9-1.1 Hunting doves from road right-of-way $29 $107.50 HDRR

prohibited

41-9-1.2 Shooting at big game from road $129 $207.50 BGRW

* Hunting Privileges Revoked

41-9-1.5 Misc. road right-of-way hunting $29 $107.50 RWRD

restrictions (small game)

41-9-11 Failure to exhibit license to person $29 $107.50 FELA

controlling private land access

41-11-4 Hunting small game birds/waterfowl

before or after legal hours:

a) less than 15 minutes $29 $107.50 HOUR

b) 15 minutes to 30 minutes $54 $132.50 HOLT

c) Over 30 minutes $104 $182.50 HOLH

41-11-4 Hunting small game birds/waterfowl $154 $232.50 CLSD

during closed season, resident

* Hunting Privileges Revoked

41-11-4 Nonresident $154 $232.50 CLSN

* Hunting Privileges Revoked

41-14-32 Overlimit of small game/waterfowl:

1 to 3 over limit $50 each $78.50 LISG

costs

4 to 6 over limit $75 each $78.50 LIWF

* Hunting Privileges Revoked costs

7 or more over limit Court

* Hunting Privileges Revoked Appearance

Required

41-14-1 Possess protected bird or small game $54 $132.50 TKGM

41-14-4 Unlawful public storage of game (not for $29 $107.50 UNTG

each bird)

[Packages not marked by owner]

41-14-32 Unlawful take, transportation or $79 $157.50 DTAG

possession of small game

41:05:01:02 Hunting within a waterfowl or state game $50 $128.50 RFUG

through 04

41:06:01:02 Ineligible application for big game license $50 $128.50 NGBL

41:06:02:01 Hunting in wrong unit/violate conditions $50 $128.50 UNIT

of license

41:06:03:01 Improper tagging of game $75 $153.50 ITGA

41:06:03:02 Game bird transportation/packaging $25 $103.50 CARY

requirements

41:06:03:06 Big game transportation requirements $25 $103.50 NOHH

41:06:03:11 Wildlife processing facility records $25 $103.50 WLRV

violations

41:06:04:01 Disturbing wildlife prohibited $75 $153.50 DISW

41:06:04:03 Big game methods prohibited (bait $200 $278.50 BGMT

station/electronic call)

41:06:04:04 Nonlicensee armed accompaniment $25 $103.50 ULAC

prohibited

41:06:04:05 Hunting without signed Federal Migratory $25 $103.50 MBRD

Bird Stamp

41:06:04:05 Lead shot in a steel shot zone while $25 $103.50 LEDS

hunting waterfowl

41:06:04:05 Unplugged shotgun for waterfowl (3-shell $25 $103.50 PLUG

maximum)

41:06:04:05.01 Lead shot while hunting small game on $25 $103.50 NTXS

certain public lands

41:06:04:06 Use of vehicle/boat to disturb or chase $100 $178.50 MVGM

game

41:06:04:07 Protrusion of firearms from vehicle on $50 $128.50 GGUN

highway

41:06:04:08 Use of two-way radio in vehicle while $50 $128.50 HRDO

hunting

41:06:04:12 Hunting game birds with unlawful firearm $50 $128.50 HTBR

41:06:34:03 Exceeding legal limit - cottontail rabbit, $25 each $78.50 CRHT

each costs

41:06:35:03 Exceeding legal limit - tree squirrel, each $25 each $78.50 TSHT

costs

41:06:40:05 Shooting doves not in flight $25 $103.50 DOVE

41:06:61:06 Mountain lion license/season restriction $50 $128.50 LION

Park/Public Land Offenses

5-4-15 Unauthorized fires $54 $132.50 STFR

34-35-16 Starting fire within Black Hills Fire $54 $132.50 FBHF

Protection District without permit

34-35-21 Use of certain explosive targets in Black $54 $132.50 ETBH

Hills Fire Protection District

34-37-11 Setting off fireworks on state land $54 $132.50 FWPK

34-37-19 County regulation of fireworks $54 $132.50 FWFD

34A-7-6 Littering public or private lands or waters $104 $182.50 WLTR

34A-7-7 Littering from motor vehicle (also moving $104 $182.50 LTTR

traffic violation for record)

41-9-10 Operating vehicles on school and public $54 $132.50 OVSC

lands

41-17-27 Operating motor vehicles on Mickelson $54 $132.50 MCTR

Trail

41:03 Miscellaneous unlisted park violations $50 $128.50 Various

41:03:01:01 Unauthorized land use on posted GFP $50 $128.50 UAUT

property

41:03:01:01.01 Prohibited use of lands leased for public $50 $128.50 LLPH

hunting

41:03:01:02 Leaving property on GFP lands $50 $128.50 PRDT

41:03:01:05 Destruction/removal of natural features $50 $128.50 DSPR

41:03:01:11 Disturbance Prohibited – Quiet Hours $50 $128.50 SPEK

41:03:01:16.02 Restrictions on use of firearms $50 $128.50 FRBW

41:03:01:16.04 Lead shot target shooting on public lands $25 $103.50 LSTG

41:03:01:19 Tree stand violations $25 $103.50 GTRE

41:03:01:23 Placing residential trash at GFP trash $75 $153.50 GTSH

facilities

41:03:01:24 Glass containers prohibited $50 $128.50 GLAS

41:03:01:25 Jumping/diving prohibited $50 $128.50 JMDV

41:03:01:29 Prohibited use of metal detector $50 $128.50 MTDT

41:03:01:31 Alcoholic beverage prohibited $54 $132.50 ALCP

41:03:01:35 Bait stations prohibited $100 $178.50 BSPB

41:03:01:36 Limitation of trail cameras $25 $103.50 LTCM

41:03:02:01 Operating vehicles off roads on land $50 $128.50 DVRD

owned, leased or controlled by the Dept.

of Game, Fish & Parks

41:03:02:02 Speeding on GFP land $25 $103.50 SPPK

41:03:02:02 Violating traffic or parking signs or $25 $103.50 TSIP

markings on GFP land

41:03:02:05 Exhibition driving $50 $128.50 PKEX

41:03:03:03 No park license $50 $128.50 PRKS

41:03:04:02 No camping permit $25 $103.50 PRMT

41:03:05:01 Failure to pay Mickelson Trail fee $25 $103.50 TRAL

ORDER CONTINUED

Law enforcement officers and clerk magistrates are reminded that a defendant

is required to appear before a magistrate judge if the defendant is charged with a

violation of a Class 2 misdemeanor that is not included on this schedule. Also, all

Class 2 misdemeanor state traffic offenses (SDCL title 32) not included on this

schedule for which citations are issued must be supported by an SDCL code that

clearly states the violation is a Class 2 misdemeanor.

Law enforcement officers are advised that, according to SDCL 32-12-52.3 and

32-12-52.4, when any of the following violations are charged and the defendant was in

a motor vehicle (whether driving or as a passenger) at the time of the alleged offense,

the officer must note on the citation that the offense occurred while the accused was in

a motor vehicle, and specify whether the accused was a driver or a passenger. The

offenses involved include SDCL 35-9-2 (underage purchase, possession, consumption

of alcoholic beverages); SDCL 22-42-5 through -11; and 22-42A-3 or 22-42A-4, which

include a variety of drug charges.

Fines and appearances required for violation of municipal/county ordinances

shall be the same as those required for violation of similar state statutes. For other

traffic offenses not covered by ordinance, the fines are the same as the state schedule.

Court Appearance is discretionary for accidents with injury or property

damage. Any officer has the authority to require a violator to appear before a

magistrate judge.

This order of schedules becomes effective July 1, 2026, and shall continue in

effect until further Order of the Court.

Dated at, South Dakota, this day of

, 2026.

BY THE COURT

Presiding Circuit Judge

ATTEST:

Clerk of Court

GUIDELINES FOR OVERWEIGHT TRUCK OFFENSES

Note: A magistrate court with a clerk magistrate presiding has concurrent

jurisdiction to accept an overweight truck civil penalty imposed pursuant

to SDCL 32-22-55 only if the civil penalty is paid in full as part of a guilty

plea. If the driver cannot pay the penalty in full as part of the guilty plea,

the clerk must contact the magistrate or circuit court judge to set the

bond.

The overweight violation cited under § 32-22-52 is a Class 2 misdemeanor, the penalty

for which is a $104 fine, 30 days in jail, or both.

An additional cash penalty, not subject to suspension, shall be assessed on the total

overweight at one of the rates set forth below (§ 32-22-55):

1) For one thousand to three thousand pounds total overweight, the additional

penalty is five cents per pound on all overweight exceeding one thousand pounds.

2) From three thousand-one pounds, up to and including four thousand pounds total

overweight, the additional penalty is fifteen cents per pound on the total

overweight.

3) From four thousand-one pounds, up to and including five thousand pounds total

overweight, the additional penalty is twenty-two and one-half cents per pound on

the total overweight.

4) For total overweight of five thousand-one pounds, up to and including ten

thousand pounds total overweight, the additional penalty is thirty-seven and one-half cents per pound on the total overweight.

5) For total overweight of ten thousand-one pounds and over, the additional penalty

is seventy-five cents per pound on the total overweight.

To the above-determined amount of fine and additional cash penalty, liquidated costs

and surcharges in the amount of $78.50 should be added. A circuit judge may waive

any or all of this $78.50 amount.

Any portion of the fine (or $78.50 liquidated costs and surcharges) that is suspended

shall be deducted from the above computation. No part of the cash penalty can be

suspended.