22-3-5. Accessories to crime--Misdemeanors excepted.
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.
Source: SDC 1939, §13.0203; SL 1976, ch 158, §3-3; SL 2005, ch 120, §374.