A person is an accessory to a crime, if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a felony, that person renders assistance to the other person. There are no accessories to misdemeanors. The term, render assistance, means to:
- (1) Harbor or conceal the other person;
- (2) Warn the other person of impending discovery or apprehension, other than a warning given in an effort to bring the other person into compliance with the law;
- (3) Provide the other person with money, transportation, a weapon, a disguise, or any other thing to be used in avoiding discovery or apprehension;
- (4) Obstruct anyone by force, intimidation, or deception in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person; or
- (5) Conceal, destroy, or alter any physical evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person. A violation of this section is a Class 5 felony. A violation of this section is a Class 4 felony if the person is an accessory to the crime of murder in the first degree pursuant to § 22-16-4 or murder in the second degree pursuant to § 22-16-7.
Source: SDC 1939, § 13.0203; SL 1976, ch 158 , § 3-3; SL 2005, ch 120 , § 374; SL 2024, ch 79 , § 1.