Definition of a Delinquent Child

Criminal Children

The term delinquent child is defined by South Dakota Codified Law as any child 10 years of age or older who, regardless of where the violation occurred, has violated any federal, state, or local law or regulation for which there is a penalty of a criminal nature for an adult, except state or municipal hunting, fishing, boating, park, or traffic laws that are classified as misdemeanors, or petty offenses or any violation of 35-9-2.

Sentencing Delinquent Children
Sentencing options for a delinquency offense are provided in SDCL 26-8C-7 and include the additional option of 90 days in custody for each offense and increase the maximum fine to $1,000. The child and parent may be required to participate in programs of care, treatment, or rehabilitation for the juvenile.

Financial Responsibility

Parents are financially responsible for the services provided. South Dakota law also provides that a parent may be sued civilly for damage caused by his child.