22-1-4. Felony and misdemeanor distinguished.
Any crime is either a felony or a misdemeanor. A felony is a crime which is or may be punishable by imprisonment in the state penitentiary. Every other crime is a misdemeanor.
Source: SDC 1939, §13.0103; SL 1976, ch 158, §1-7; SL 2005, ch 120, §359.