22-32-3. Second degree burglary--Felony.Any person who enters or remains in an occupied structure with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, under circumstances not amounting to first degree burglary, is guilty of second degree burglary. Second degree burglary is a Class 3 felony. Source: SDC 1939, §§13.3702 (1), 13.3705 (2); SDCL, §22-32-7; SL 1976, ch 158, §32-2; SL 1989, ch 200, §2; SL 2005, ch 120, §108.
South Dakota Legal Code