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Attorney General Marty Jackley

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FOR IMMEDIATE RELEASE: Tuesday, December 17, 2019


PIERRE, S.D.Attorney General Jason Ravnsborg announced today that 23-year old Allen Theodore Smith of Brookings, was sentenced to 7 years in the South Dakota State Penitentiary at the Brookings County Courthouse in Brookings, South Dakota. 


Smith entered a guilty plea to Abuse/Cruelty To A Minor Less Than Seven Years Old in October of 2019.  The charges stem from a time when Smith lived with the mother of the victim.


Abuse/Cruelty To A Minor Less Than Seven Years Old is a Class 3 Felony.  It carries a penalty of up to fifteen years imprisonment in the South Dakota State Penitentiary.  In addition, a fine of thirty thousand dollars may be imposed.


Judge Jon Erickson remanded Smith to the custody of the Brookings County Sheriff upon completion of his sentencing this morning.  Smith was also ordered to pay restitution to the victim’s family and to have no contact with the victim nor the victim’s family.


“Cases involving abuse and cruelty to children are especially important as we will do all we can to protect our children from perpetrators who will take advantage of them,” said Ravnsborg. “I have very little sympathy for those who hurt children.”


This case was investigated by the South Dakota Division of Criminal Investigation, along with the Brookings Police Department.  The case was prosecuted by the South Dakota Attorney General’s Office.


The Office of the Attorney General is the chief legal office for the State of South Dakota and provides legal advice to agencies, boards, and commissions of the State as well as representing the State in state and federal court.  The Office of Attorney General also handles prosecutions, felony criminal appeals, civil matters, consumer protection issues, and issues formal opinions interpreting statutes for agencies of the state.  Visit to learn more.

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CONTACT: Tim Bormann, Chief of Staff, (605) 773-3215