Title 22 — CRIMES

Any person who, having taken an oath to testify, declare, depose, or certify truly, before any competent tribunal, officer, or person, in any state or federal proceeding or action in which such an oath may by law be administered, states, intentionally and contrary to the oath, an…

The making of any deposition or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person with intent that it be uttered or published as true. Source: SDC 1939, § 13.1241; SL 2005, ch 120 , §…

No person may knowingly make or execute a false statement, instrument, document, or representation, or to use any other fraudulent device, and thereby obtain money, property, or other assistance to which that person is not entitled, from any program provided for by Title 26, 27A,…

No person may knowingly fail to report any change in circumstances which would affect that person's eligibility for money, property, or other assistance, and thereby obtain money, property, or other assistance to which that person is not entitled, from any program provided for by…

For the purposes of §§ 22-29-11 to 22-29-17 , inclusive, any person who receives money, property, or services, on behalf of any other person, from any program covered by such sections, shall be considered to have received such money for himself or herself. Source: SL 1977, ch 225…

Any person who attempts to obtain any money, property, or other assistance, in violation of § 22-29-11 or 22-29-12 , but does not thereby obtain any such money, property, or services, is guilty of a Class 1 misdemeanor. Source: SL 1977, ch 225 , § 5; SL 2005, ch 120 , § 44.

Any person who violates § 22-29-11 or 22-29-12 and thereby obtains money, property, or other assistance to which such person is not entitled with a value of two hundred dollars or less is guilty of a Class 1 misdemeanor. Source: SL 1977, ch 225 , § 3; SL 2005, ch 120 , § 45.

Any person who violates § 22-29-11 or 22-29-12 and thereby obtains money, property, or other assistance to which such person is not entitled with a value of more than two hundred dollars is guilty of a Class 6 felony. Source: SL 1977, ch 225 , § 4; SL 2005, ch 120 , § 46.

Amounts involved in violations of § 22-29-11 or 22-29-12 , or both, committed pursuant to one scheme or course of conduct, may be aggregated in determining the degree of the offense. Source: SL 1977, ch 225 , § 7; SL 2005, ch 120 , § 47.

It is sufficient for a conviction of any offense under this chapter that a finding of guilt is based upon admissible evidence. No minimum number of witnesses is required. In reviewing the sufficiency of the evidence of a conviction under this chapter, the court shall only conside…

Any person who knowingly makes any material false statement or report, or willfully overvalues any land, property or other security, for the purpose of influencing an action of the Board of Economic Development, the Economic Development Finance Authority, any other loan or grant …

Any unqualified statement of that which a person does not know or reasonably believe to be true is equivalent to a statement of that which a person knows to be false. Source: SDC 1939, § 13.1240; SL 2005, ch 120 , § 31.

It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition, or certificate of which falsehood is alleged. It is sufficient that the accused actually was required to give such testimony or made such deposition or certificate.…

It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement, or that the false statement did not in fact affect the proceeding in or for which the false statement was made. It is sufficient that the false statement was materi…

Perjury: (1) If committed in any trial for felony, is a Class 3 felony; (2) If committed in any other trial, court proceeding, deposition, or administrative proceeding conducted under oath, is a Class 5 felony; (3) If committed in any other manner proscribed by law, is a Class 6 …

Any person who intentionally procures another person to commit any perjury is guilty of subornation of perjury. Subornation of perjury is punishable in the same manner as perjury, and as if the suborner were personally guilty of the perjury procured. Source: SDC 1939, § 13.1237; …

The term, oath, as used in this chapter, includes any affirmation, and every other mode of attesting the truth of that which is stated, which is authorized by law. It is no defense that the oath was administered or taken in an irregular manner. Source: SDC 1939, § 13.1239; SL 197…

So much of an oath of office as relates to future performance of official duty is not sufficient to constitute perjury or subornation. Source: SDC 1939, § 13.1239.