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South Dakota Codified Laws

S.D. Codified Laws § 22-3-8 (2026)

Conspiracy to commit offense--Punishment.

✓ current as of May 2026
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22-3-8. Conspiracy to commit offense--Punishment.

If two or more persons conspire, either to commit any offense against the State of South Dakota, or to defraud the State of South Dakota, or any county, township, school district, or municipal corporation in any manner or for any purpose, and one or more of the parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy is guilty of conspiracy and may be punished up to the maximum penalty which may be imposed for a crime which is one level below the penalty prescribed for the crime underlying the conspiracy. However, it is not a crime to conspire to commit a Class 2 misdemeanor or a petty offense.

Source: SL 1941, ch 45, § 1; SDC Supp 1960, § 13.0306; SL 1976, ch 158, § 3-4; SL 2005, ch 120, § 376.

Notes of Decisions
Cited in 22 cases (3 in the last 5 years), 1981–2026 · leading case: State v. Kaiser, 526 N.W.2d 722 (S.D. 1995).
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State v. Kaiser, 526 N.W.2d 722 (S.D. 1995). · cites it 10× “Michael Kaiser was found guilty of two counts of Conspiracy to Commit Murder under SDCL 22-3-8 and sentenced to two concurrent terms of life imprisonment without the possibility of parole.”
State v. Dominiack, 334 N.W.2d 51 (S.D. 1983). · cites it 6× “This is an appeal from a judgment and sentence resulting from a conviction to conspire to possess and distribute a controlled *52 substance in violation of SDCL 22-3-8. [*] We reverse. On or about April 17, 1980, David Minor (Minor) was arrested for distribution of controlled…”
State v. Roedder, 2019 SD 9 (S.D. 2019). · cites it 3× “] Roedder was indicted and charged in a series of superseding indictments with the following drug-related offenses: (1) possession with intent to distribute a controlled drug or substance in violation of SDCL 22-42-2 ; (2) conspiracy to distribute a controlled drug or substance…”
State v. Wiegers, 373 N.W.2d 1 (S.D. 1985). · cites it 4× “Contrary to SDCL 22-3-8. Ct.II: CONSPIRACY TO COMMIT PREMEDITATED MURDER: Willfully, unlawfully and feloniously, between the months of March and November, 1981, conspire with Scott Whitesell and David Waff, to commit the offense of premeditated murder, an offense against the…”
State v. Disanto, 2004 SD 112 (S.D. 2004). · cites it 2× “Therein Kaiser was convicted of two counts of conspiracy to commit murder on his ex-wife and her new boyfriend under SDCL 22-3-8. Like the case at bar, Kaiser sought to have a hit-man commit the murders with a pistol.”
State v. Sondreal, 459 N.W.2d 435 (S.D. 1990). · cites it 4× “FACTS Kip Sondreal was indicted on one count of conspiracy to distribute a controlled substance in violation of SDCL 22-3-8 [1] and *437 22-42-2, [2] and one count of distribution of a controlled substance in violation of SDCL 22-42-2.”
State v. Erickson, 315 N.W.2d 332 (S.D. 1982). · cites it 4× “SDCL 22-3-8 and 22-42-2. The overt act alleged in the conspiracy count was the distribution of cocaine on two occasions by co-conspirator, Jeff Glodt, to Duane Dahl, a law enforcement officer.”
State v. Alexander, 313 N.W.2d 33 (S.D. 1981). · cites it 2× “SDCL 22-3-8, in salient part provides: If two or more persons conspire, either to commit any offense against the state .”
State v. Flittie, 318 N.W.2d 346 (S.D. 1982). · cites it 2× “NOTES [1] At the time the crime was committed, the statutory definition of conspiracy to commit an offense (SDCL 22-3-8) read: If two or more persons conspire, either to commit any offense against the state of South Dakota, or to defraud the state of South Dakota, or any county,…”
State v. Roberts, 384 N.W.2d 688 (S.D. 1986). · cites it 2× “He was subsequently charged with five counts, alleging: (I) he distributed a controlled substance contrary to SDCL 22-42-2, (II) he did conspire to distribute a controlled substance contrary to SDCL 22-42-2 and SDCL 22-3-8, (III) he did possess as a dealer a controlled substance…”
State v. Klinetobe, 958 N.W.2d 734 (S.D. 2021). “See SDCL 22-3-8 (conspiracy); SDCL 22-19-1 (aggravated kidnapping in the first degree).”
United States v. Luciano Pascacio-Rodriguez, 749 F.3d 353 (5th Cir. 2014). “§ 903(e) (West 2013); S.D. Codified Laws § 22-3-8 (2013); Tenn Code Ann.”
Show all 22 citing cases →
— S.D. Codified Laws § 22-3-8(1) — 2 cases
State v. Kaiser, 526 N.W.2d 722 (S.D. 1995). “Michael Kaiser was found guilty of two counts of Conspiracy to Commit Murder under SDCL 22-3-8 and sentenced to two concurrent terms of life imprisonment without the possibility of parole.”
State v. Alexander, 313 N.W.2d 33 (S.D. 1981). “SDCL 22-3-8, in salient part provides: If two or more persons conspire, either to commit any offense against the state .”
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