S.D. Codified Laws § 23A-43-31 (2026)
Failure to appear after release as forfeiture of security--Felony or misdemeanor.
SL 1976, ch 158 , § 43-2; SDCL Supp, §§ 23-26-14 to 23-26-16; SL 1978, ch 178 , § 533; SL 1994, ch 182 ; SL 1998, ch 153 , § 1; SL 2006, ch 130 , § 7; SL 2023, ch 82 , § 49.
Any person who, having been released pursuant to this chapter, fails to appear before any court or judicial officer as required or fails to comply with the provisions of § 25-10-41 shall, subject to the provisions of this title, forfeit any security which was given or pledged for such person's release and, in addition, shall:
- (1) If such person was released in connection with a charge of a felony, an alleged felony violation of § 32-23-1, or fails to report for a jail or state correctional facility sentence for any offense, be guilty of a Class 6 felony;
- (2) If such person was released in connection with a charge of a misdemeanor, be guilty of a Class 1 misdemeanor; or
- (3) If such person was released for appearance as a material witness, be guilty of a Class 1 misdemeanor.
Source: SL 1976, ch 158 , § 43-2; SDCL Supp, §§ 23-26-14 to 23-26-16; SL 1978, ch 178 , § 533; SL 1994, ch 182 ; SL 1998, ch 153 , § 1; SL 2006, ch 130 , § 7; SL 2023, ch 82 , § 49.