Federal Stalking and Harassment Sentences in the District of South Dakota, FY2016–2025
The District of South Dakota sentenced 49 people for stalking or harassing offenses in fiscal years 2016 to 2025. 46 (94%) received a prison term, and the median prison term was 33 months (2.8 years). That is higher than the 24 months for this offense type across all 94 federal districts.
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Trends › Federal Prosecution Analysis › Federal Sentences in the District of South Dakota, FY2016–20 › Stalking and Harassment: District of South Dakota
In brief: The District of South Dakota sentenced 49 people for stalking or harassing offenses in fiscal years 2016 to 2025. 46 (94%) received a prison term, and the median prison term was 33 months (2.8 years). That is higher than the 24 months for this offense type across all 94 federal districts.
This post uses the U.S. Sentencing Commission's records of 49 people sentenced in federal court in fiscal years 2016 to 2025. Acquittals and dismissals come from a second source, the Federal Judicial Center's records of 753,808 federal defendants whose cases ended in fiscal years 2016 to 2025. It is part of the Federal Prosecution Analysis series, which builds on Military Moves Toward Sentencing Guidelines to Mirror the Federal System. How the numbers were built: How the Federal Comparison Data Was Built.
A Higher Median Than the National Figure
Across all 94 districts, 2,263 people were sentenced for stalking or harassing, 89% were sent to prison, and the median was 24 months. In this district, the prison share was 94% and the median was 33 months.
A quarter of those sent to prison received 46 months or more, and a quarter received 21.8 months or less. 3 people (6%) received probation only. For all offenses in the district, the median was 36 months.
Guidelines Used in Most Cases
The Commission's type is "Stalking/Harassing". The most common primary guideline was §2A6.2 (Stalking or Domestic Violence), used in 36 cases. §2A6.1 (Threatening or Harassing Communications) was used in 13.
These cases are less than 1% of the 5,041 people sentenced in the district in the period.
Pleas and Trials
46 of 49 (94%) pleaded guilty, and 3 were convicted after a trial. Across all districts, 92% of people in this type pleaded guilty.
The median prison term was 30 months after a guilty plea and 45 months after a trial, based on 3 people. All guilty pleas had a written plea agreement. No mandatory minimum prison term applied to any of the 49.
Where Sentences Fell Against the Guideline Range
59% of sentences (29) were within the advisory guideline range. 4% (2) were below it at the government's request, 31% (15) were below it without a government request, and 6% (3) were above it.
Within-range sentences were more common here than across all districts for this type (47%), and about the same as for all offenses in this district (57%).
Counts by Fiscal Year
25 people were sentenced in fiscal years 2016 to 2019, and 24 in fiscal years 2020 to 2025. The count was 10 in fiscal year 2017 and 13 in fiscal year 2020. It was 1, 2, or 3 people in each year from 2021 to 2025.
Yearly medians range from 20 months to 47 months. Because several years have 1 to 3 people, the table cannot be used to say whether terms have changed.
| Fiscal year | People sentenced | Median prison | Pleaded guilty |
|---|---|---|---|
| 2016 | 2 | 28.5 months | 1 of 2 |
| 2017 | 10 | 33 months | 100% |
| 2018 | 7 | 47 months | 6 of 7 |
| 2019 | 6 | 42 months | 6 of 6 |
| 2020 | 13 | 23.5 months | 100% |
| 2021 | 2 | 37.5 months | 2 of 2 |
| 2022 | 3 | 20 months | 3 of 3 |
| 2023 | 1 | 30 months | 1 of 1 |
| 2024 | 3 | 45 months | 2 of 3 |
| 2025 | 2 | 47 months | 2 of 2 |
Supervised Release and Criminal History
46 people (94%) were ordered to serve supervised release after prison, with a median term of 36 months. A fine was ordered for 0, and restitution for 2 (4%).
In criminal history, 33% were in the lowest category I and 4% in the highest VI.
What the Records Cannot Show
Only people convicted and sentenced are counted. Acquittals and dismissals are not in the data, and the records do not describe any case. Ellsworth AFB, South Dakota is in this district, but courts-martial are tried in military courts and are not part of these federal numbers.
How We Counted
Everyone sentenced in federal court in the District of South Dakota (U.S. Sentencing Commission district label "South Dakota") in fiscal years 2016 to 2025 whose offense type was "Stalking/Harassing" (49). Offense types are the Commission's OFFGUIDE categories.
Federal fiscal years run from October 1 to September 30. No person, judge, or lawyer is identified in any of these records.
What to Keep in Mind
No parole in federal prison; credit for good conduct. Federal prison has no parole for crimes committed on or after November 1, 1987. A federal prisoner can earn up to 54 days of good conduct credit for each year of the sentence the judge imposed, which is about 15%. Some federal prisoners can also earn First Step Act time credits, but many offenses make a person ineligible. The numbers in this post are the sentences judges imposed, not the time people actually served.
Federal supervised release. Most federal prison sentences are followed by a term of supervised release that the judge sets as part of the sentence. A person who violates it can be sent back to prison. A court-martial cannot sentence anyone to supervision after release. Military parole and mandatory supervised release are decided later by a board, not by the judge at trial.
Who decides the sentence, and under what rules. Federal judges sentence every federal case. They must calculate the Sentencing Guidelines range, which is advisory, and must impose any mandatory minimum the statute requires unless an exception applies. In courts-martial, the accused could choose sentencing by members until the rules changed. For cases in which every guilty finding is for an offense committed after December 27, 2023, a military judge sentences alone, within sentencing parameters. Courts-martial tried in 2024 and later include both old-rule and new-rule cases, and the data cannot tell them apart.
Time periods. Federal numbers are by federal fiscal year (October 1 to September 30), based on the sentencing date. The military numbers are by trial date. Neither source has the date of the offense, so a change in law shows up in either data set gradually.
How life sentences and "time served" are counted. In the federal numbers, a life sentence is counted as 470 months, and any other sentence longer than 470 months is counted as just under 470 months. A sentence of "time served" is counted as one day (0.03 months). Averages are affected by these rules; medians much less.
Related Analysis
- Military Moves Toward Sentencing Guidelines to Mirror the Federal System (the background article)
- Federal Prosecution Analysis (all federal posts)
- How the Federal Comparison Data Was Built (sources and method)
- Federal Sentences in the District of South Dakota, FY2016–2025 (overview)
- Federal Drug Trafficking Sentences in the District of South Dakota, FY2016–2025 (same district, other offense type)
- Federal Firearms Sentences in the District of South Dakota, FY2016–2025 (same district, other offense type)
- Federal Assault Sentences in the District of South Dakota, FY2016–2025 (same district, other offense type)
- Federal Obscenity and Other Sex Offense Sentences in the District of South Dakota, FY2016–2025 (same district, other offense type)
- U.S. Sentencing Commission, Individual Offender Datafiles (source)
- Federal Judicial Center, Integrated Database (criminal defendants) (source)
About the author. Jocelyn C. Stewart is a retired Army JAG with more than 24 years of trying courts-martial and more than 200 jury trials. She hosts Where All The Bodies Are Buried and runs the Law Office of Jocelyn C. Stewart. This analysis is for education and information only. It is not legal advice, and every case is different.