Title 22 — CRIMES

Barratry is the offense of maliciously bringing or causing to be brought any groundless judicial proceeding. Barratry is a Class 2 misdemeanor. The fact that an accused was personally a party in interest or upon the record to any proceedings at law complained of is not a defense.…

Any public officer or person pretending to be a public officer, who under the pretense or color of any process or other legal authority, arrests any person, or detains any person against that person's will, or seizes or levies upon any property, or dispossesses any person of any …

Any person who, maliciously and without probable cause, procures a search warrant to be issued and executed is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1213; SDC 1939 & Supp 1960 § 34.9904; SDCL, § 23-15-11; SL 1978, ch 185 , § 5; SL 2005, ch 120 , § 240.

Any law enforcement officer who, in executing a search warrant, intentionally exceeds his or her authority, or exercises such authority maliciously, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1234; SDC 1939 & Supp 1960, § 34.9905; SDCL, § 23-15-17; SL 1978, ch 185…

Any law enforcement officer or other person, who, having arrested a person on a criminal charge, intentionally delays taking that person before a committing magistrate for further proceedings, is guilty of a Class 1 misdemeanor. Source: SDC 1939, § 13.1220; SDCL, § 23-22-21; SL 1…

Any person who, for the purpose of obtaining anything of value, circulates or offers for sale, prints for the purpose of sale or distribution, sends or delivers, or causes to be sent or delivered, any letter, paper, document, notice of intent to bring suit, or other notice or dem…

It is no defense to a charge of uttering simulated process, that the document bears any statement that the thing of value sought to be obtained was to apply as payment on a valid obligation. Source: SL 1964, ch 34 , § 2; SL 1976, ch 158 , § 12-3 ; SL 2005, ch 120 , § 235.

In prosecutions for any violation of § 22-12-5 , the prosecution may show that the simulating document was deposited in the post office for mailing or was delivered to any person with intent to be forwarded, and such showing is sufficient proof of the sending or delivery. Source:…

Nothing in §§ 22-12-5 to 22-12-7 , inclusive, prevents the printing, publication, sale, or distribution of genuine legal forms. Source: SL 1964, ch 34 , § 4; SL 1976, ch 158 , § 12-4 ; SL 2005, ch 120 , § 237. 22-12-9. Repealed by SL 1976, ch 158 , § 12-7