Title 22 — CRIMES

Any person who takes, or exercises unauthorized control over, property of another, with intent to deprive that person of the property, is guilty of theft. Source: SDC 1939, § 13.3801; SDCL, § 22-37-1; SL 1976, ch 158 , § 30A-7; SL 2005, ch 120 , § 49.

Any person, who has been entrusted with the property of another and who, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of his or her trust, is guilty of theft. A distinct act of taking is not necessary to constitute the…

If any person, who has been accused of theft, restores or returns the property allegedly stolen before an indictment or information is laid before a magistrate, such fact may be considered in mitigation of punishment. The restoration or return of the property is not a defense nor…

Any person convicted of theft under § 22-30A-10 for unlawfully obtaining property of this state, of any of its political subdivisions, or of any agency or fund in which the state or its people are interested shall, in addition to the punishment prescribed by § 22-30A-17 and chapt…

Any person who, without the intent to deprive the owner thereof, operates another's motor vehicle or vessel without the consent of the owner, is guilty of a Class 1 misdemeanor. Source: SL 1976, ch 158 , § 30A-17; SL 2005, ch 120 , § 62.

Any person who intentionally converts to his or her own use any leased or rented personal property, after receiving proper notice demanding the return of the property following expiration of the lease or rental agreement, is guilty of theft. For the purposes of this section, the …

The following factors, taken as a whole, constitute an affirmative defense to a prosecution commenced under § 22-30A-13 : (1) That the lessee accurately stated his or her name and address at the time of rental; (2) That the lessee's failure to return the item at the expiration da…

Conduct constituting theft pursuant to this chapter constitutes a single offense including any separate offenses committed or charged before the effective date of this chapter and known as larceny, embezzlement, extortion, fraudulent conversion, false pretense, and receiving stol…

It is an affirmative defense to a prosecution for theft that the defendant: (1) Was unaware that the property taken was that of another; or (2) Acted under an honest and reasonable claim of right to the property involved or that the defendant had a right to acquire or dispose of …

Theft is aggravated grand theft, if the value of the property stolen exceeds five hundred thousand dollars. Aggravated grand theft is a Class 2 felony. Source: SL 2005, ch 120 , § 68; SL 2013, ch 101 , § 61.

Theft is petty theft in the first degree, if the value of the property stolen exceeds four hundred dollars but does not exceed one thousand dollars. Petty theft in the first degree is a Class 1 misdemeanor. Source: SL 2005, ch 120 , § 69.

Theft is petty theft in the second degree, if the value of the property stolen is four hundred dollars or less. Petty theft in the second degree is a Class 2 misdemeanor. Source: SL 2005, ch 120 , § 70.

Amounts involved in thefts, whether from the same person or several persons, committed pursuant to one scheme or course of conduct, may be aggregated in determining the degree of the offense. Source: SL 1976, ch 158 , § 30A-4; SL 2005, ch 120 , § 71. 22-30A-19. Repealed by SL 198…

22-30A-19.2 Detention of suspected shoplifter--Reasonableness--Grounds. 22-30A-19.3 Demand for payment by victim of retail theft. 22-30A-19.4 Failure to pay liability for theft--Penalty doubled. 22-30A-20 Unauthorized possession of federal Department of Agriculture commodities tr…

Any adult, or any emancipated minor as defined in § 25-5-24 , or any parent or guardian of any unemancipated minor, who takes possession of any goods, wares, or merchandise displayed or offered for sale by a store or other mercantile establishment without the consent of the owner…

Any owner or seller of merchandise, who has reasonable grounds to believe that a person has committed retail theft pursuant to § 22-30A-19.1 , may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length o…

Any owner or seller of merchandise who is the victim of retail theft pursuant to § 22-30A-19.1 may make a written demand for the amount for which any person is liable pursuant to §

If the person to whom a written demand is made pursuant to § 22-30A-19.3 complies by making full payment of the amount required by the written demand within thirty days after its receipt, that person incurs no further civil liability to the owner or seller of the merchandise. How…

Any person who transfers property of another, or any interest in the property of another, with intent to benefit the transferor or another who is not entitled thereto, is guilty of theft. Source: SL 1976, ch 158 , § 30A-8; SL 2005, ch 120 , § 50. 22-30A-2.1. Repealed by SL 2005, …

July 1, 2006. 22-30A-3 Theft by deception. 22-30A-3.1 22-30A-3.1 to 22-30A-3.3. Transferred to §§ 22-40-8 to 22-40-10 by SL 2005, ch 120 , §§ 80 and 83, eff. July 1, 2006. 22-30A-4 Theft by threat. 22-30A-5

Any person who receives, retains, or disposes of United States Department of Agriculture commodities which have been transferred to the State of South Dakota, who is not entitled to possess those commodities, either as an eligible recipient of commodities pursuant to 7 CFR 250.3 …

No state, county, or municipal law enforcement officer may retain or dispose of property that has been seized or confiscated unless the law enforcement officer retains or disposes of such property pursuant to law or a court order. A violation of this section constitutes theft pur…

Any person who, for himself or herself or as agent or representative of another, for a present consideration, with intent to defraud, passes a check drawn on a financial institution knowing at the time of such passing that there are not sufficient funds in the account on which th…

Any person who, for himself or herself or as an agent or representative of another, for present consideration, with intent to defraud, passes a check drawn on a financial institution knowing at the time of such passing that neither the check passer or the check passer's principal…

If any person, who has been accused of a violation of § 22-30A-24 or 22-30A-25 , restores or returns the property allegedly obtained as consideration or makes payment of the check and the costs and expenses provided for in § 57A-3-421 to the holder within thirty days of the maili…

The passing of a check, described in § 22-30A-24 , is prima facie evidence that the person who passed the check had knowledge of insufficient funds in the account on which the check was drawn in the financial institution. Source: SDC 1939, § 13.4204; SL 1959, ch 40 ; SL 1967, ch …

Present consideration includes goods which are delivered or constructively delivered, and services which are completed, seven days, exclusive of the date of such delivery or completion and exclusive of legal holidays and Sundays, before or after payment therefor. Present consider…

The making of a postdated or hold check, knowingly received as such, or a check issued under an agreement with the payee that the check would not be presented for payment for a specified time, does not constitute a violation of §

Any person who obtains property of another by deception is guilty of theft. A person deceives if, with intent to defraud, that person: (1) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind. However, as to a p…

For purposes of establishing probable cause that a criminal offense has been committed in violation of § 22-30A-24 or 22-30A-25 , probable cause is established if the prosecution has presented as evidence at the preliminary hearing, or before the grand jury, a check bearing reaso…

The passing of a check, described in § 22-30A-24 , that bears the name and address of an account holder and bears a signature, purporting to be that of the account holder, is prima facie evidence that an account holder executed the check. Source: SL 1998, ch 138 , § 1; SDCL, § 22…

The holder of an insufficient funds check or no account check shall, before presenting the check to the state's attorney for prosecution, serve a notice of dishonor upon the writer of the check, by registered or certified mail, return receipt requested, or by first class mail, su…

If the drawer of a check does not pay the fees and costs provided for in § 57A-3-421 and the amount of the check to the holder of the check within thirty days of the mailing of the notice of dishonor, the drawer shall owe to the holder of the check an additional civil penalty equ…

The notice of dishonor required by § 22-30A-32 shall be in substantially the following form: Date ________________________________________________________________ Name of issuer ________________________________________________________ Bank on which drawn _________________________…

The service of a notice of dishonor in accordance with §§ 22-30A-32 and 22-30A-34 is not an element of the crime of theft by insufficient funds check or theft by no account check, nor is it an element of proof thereof or a defense to any prosecution therefor. If the notice requir…

Any criminal prosecution under § 22-30A-24 or 22-30A-25 shall be commenced within six months after the holder of a check receives notice of its dishonor. Failure to prosecute a complaint within six months constitutes a bar to any criminal action under those sections. Source: SL 1…

The maker, drawer, or issuer is not criminally liable or civilly liable for damages and costs specified in this chapter if: (1) The account contained sufficient funds or credit to cover the check, draft, or order at the time the check, draft, or order was issued, plus all other c…

If the same person is the maker, drawer, or issuer of two or more checks, drafts, or orders, such instruments may be combined. An action for their recovery pursuant to this chapter may be brought in any county in which one of the dishonored checks, drafts, or orders were issued o…

Any person who, without consent of the owner, intentionally alters, obliterates, or removes a serial number or other identifying mark on personal property, or possesses any personal property knowing that the property has a serial number or identifying mark which has been intentio…

A person is guilty of theft if the person obtains property of another by threatening to: (1) Inflict bodily injury on anyone or commit any criminal offense; (2) Accuse anyone of a criminal offense; (3) Expose any secret tending to subject any person to hatred, contempt, or ridicu…

The owner of a motor vehicle who has not paid for the motor fuel received is liable to the motor fuel retailer for the cost of the motor fuel. If notice of a service charge is conspicuously displayed on the premises when the motor fuel was received, the motor fuel retailer may im…

If a motor fuel retailer provides, in writing, the license plate number of any motor vehicle owner who failed to pay for the motor fuel received to any law enforcement officer, the law enforcement officer shall provide the motor vehicle owner's name and addresses, recorded pursua…

A motor fuel retailer may, within thirty days of the occurrence, demand payment from the motor vehicle owner for the motor fuel received by sending a notice by certified mail, return receipt requested. The notice shall be prescribed by the Department of Public Safety and include …

The motor vehicle owner shall pay the motor fuel retailer the full amount due within thirty-three days after receiving notice demanding payment pursuant to §

If a motor fuel retailer receives payment or a court award pursuant to §§ 22-30A-40 to 22-30A-44 , inclusive, the motor fuel retailer may not initiate or pursue a criminal action against the motor vehicle owner because of that loss. Source: SL 2005, ch 121 , § 5.

For the purposes of § 22-30A-46 , the term, public official, means any elected official, appointed official, officer, employee, authority member, board member, commission member, fiscal agent, executive of a local service agency, or any other person subject to the provisions of c…

Any public official who knowingly uses funds or property that has been entrusted to the public official in violation of the public trust and that results in a direct financial benefit to the public official commits a direct criminal conflict of interest. Any public official who c…

22-30A-7 Receiving stolen property. 22-30A-8 Obtaining property or services without paying. 22-30A-8.1 Obtaining property or services with false debit or credit card. 22-30A-8.2 22-30A-8.2 to 22-30A-8.5. Transferred to §§ 22-40-11 to 22-40-14 by SL 2005, ch 120 , § 85, eff. July …

Any person who comes into control of property of another that the person knows to have been lost, estrayed, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, is guilty of theft if, with intent to deprive the owner t…

Any person who receives, retains, or disposes of property of another knowing that the property has been stolen, or believing that the property has probably been stolen, unless the property is received, retained, or disposed of with the intent to restore the property to the owner,…