Title 22 — CRIMES

No person may impersonate any other person, which includes offering a fictitious name or false date of birth, with intent to deceive a law enforcement officer. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor. Source: SDC 1939, §§ 13.4208,…

In any criminal proceeding brought pursuant to § 22-40-8 , the crime may be considered to have been committed in any county in which any part of the identity theft took place, regardless of whether the defendant was ever actually in such county. Source: SL 2000, ch 107 , § 3; SDC…

Terms used in §§ 22-40-11 to 22-40-14 , inclusive, mean: (1) "Reencoder," any electronic device that places encoded information from the magnetic strip or stripe of a payment card or a computer chip embedded in a payment card onto the magnetic strip or stripe or computer chip of …

A person is guilty of a Class 6 felony if the person directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card or encoded on a chip embedded on a pay…

A person is guilty of a Class 6 felony if the person directly or indirectly uses a reencoder to place information encoded on the magnetic strip or stripe of a payment card or encoded on a computer chip embedded on a payment card onto the magnetic strip or stripe or computer chip …

A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or a reencoder with the intent to use the scanning device or reencoder to obtain or alter information encoded or embedded on a payment card without the permission of the authorized user of th…

Any person who: (1) Makes or possesses, with knowledge of its character, any plate, die, or other device, apparatus, equipment, or article specifically designated for use in counterfeiting, unlawfully simulating, or otherwise forging, written instruments; (2) Makes or possesses a…

Any person who intentionally impersonates any public officer or employee, civil or military, or any firefighter or any person having special authority by law to perform any act affecting the rights or interests of another, or assumes, without authority, any uniform or badge by wh…

Any person who, without authority under the U.S. Constitution, federal law, or the constitution or laws of this state, acts as a supreme court justice, a circuit court judge, a magistrate judge, a lay magistrate, a clerk of court or deputy, a juror, or other official holding auth…

No person may: (1) Possess any cancelled, fictitious, fraudulently altered, or fraudulently obtained tribal identification card; (2) Lend the person's tribal identification card to any other person or knowingly permit its use by another; (3) Display or represent a tribal identifi…

Definition of terms in §§ 22-40-19 to

Following the discovery by or notification to an information holder of a breach of system security an information holder shall disclose in accordance with § 22-40-22 the breach of system security to any resident of this state whose personal or protected information was, or is rea…

The information holder shall document the determination under this section in writing and maintain the documentation for not less than three years. Any information holder that experiences a breach of system security under this section shall disclose to the attorney general by mai…

A disclosure under § 22-40-20 may be provided by: (1) Written notice; (2) Electronic notice, if the electronic notice is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. § 7001 in effect as of January 1, 2018, or if the information…

Notwithstanding § 22-40-22 , if an information holder maintains its own notification procedure as part of an information security policy for the treatment of personal or protected information and the policy is otherwise consistent with the timing requirements of this section, the…

If an information holder discovers circumstances that require notification pursuant to § 22-40-20 the information holder shall also notify, without unreasonable delay, all consumer reporting agencies, as defined under 15 U.S.C. § 1681a in effect as of January 1, 2018, and any oth…

The attorney general may prosecute each failure to disclose under the provisions of §§ 22-40-19 to 22-40-26 , inclusive, as a deceptive act or practice under §

The term does not include the good faith acquisition of personal or protected information by an employee or agent of the information holder for the purposes of the information holder if the personal or protected information is not used or subject to further unauthorized disclosur…

If any person, without the authorization or permission of another person and with the intent to deceive or defraud: (1) Obtains, possesses, transfers, uses, attempts to obtain, or records identifying information not lawfully issued for that person's use; or (2) Accesses or attemp…

For the purposes of §§ 22-40-8 to 22-40-10 , inclusive, identifying information includes: (1) Birth certificate or passport information; (2) Driver's license numbers or tribal identification card information; (3) Social security or other taxpayer identification numbers; (4) Check…