Title 22, CRIMES

The provisions of this chapter do not apply to a lottery owned and operated by this state. Source: SL 1987, ch 313 , § 40.

For the purpose of this chapter, a distributor is any person who purchases bingo or lottery equipment or supplies from a manufacturer and sells, offers for sale, or otherwise furnishes bingo or lottery equipment or supplies in this state, excluding any person who rents bingo equi…

For the purpose of this chapter, a manufacturer is any person who assembles from raw materials or subparts completed pieces of bingo or lottery equipment or supplies. Source: SL 1988, ch 188 , § 1A; SL 2022, ch 66 , § 3.

No organization that conducts bingo or lotteries under the provisions of § 22-25-25 may be a distributor or manufacturer. Source: SL 1988, ch 188 , § 4.

No person who is an officer, director, manager, or gambling manager of any organization conducting bingo or lotteries under the provisions of § 22-25-25 may be an officer, director, shareholder, directly or indirectly, proprietor, or employee of a distributorship or manufacturer,…

No person who is an officer, director, shareholder, directly or indirectly, partner, or proprietor of a wholesale alcoholic beverage distributorship may be an officer, director, shareholder, partner, proprietor, or employee of a distributorship or manufacturer, nor may the person…

No distributor, manufacturer, or person having a direct or indirect financial interest in a distributorship or in such manufacturer may be a lessor of premises, directly or indirectly, to an organization conducting bingo or lotteries. Source: SL 1988, ch 188 , § 7.

Bingo or lottery equipment and supplies sold by distributors to out - of - state customers for use out of state shall either be shipped to the out - of - state site or the distributor shall verify that the purchaser is from out of state. Source: SL 1988, ch 188 , § 11.

Bingo or lottery equipment and supplies, sold for in - state use shall be delivered to the purchaser's address or his authorized representative. Source: SL 1988, ch 188 , § 12.

Except as otherwise provided in this section, no coin-operated machine or mechanical pull-tab dispensing device may be sold or otherwise furnished to any organization in this state by a distributor or manufacturer. A distributor or manufacturer may sell or furnish a coin or bill …

Rebates of purchase prices or discounts allowed by a distributor or manufacturer shall be separately stated on the original purchase invoice or separately invoiced on a credit memo referenced to the original sales invoice. Source: SL 1988, ch 188 , § 14.

No distributor or manufacturer may directly or indirectly give gifts, trips, prizes, loans of money, excluding credit, premiums, or other gratuities to qualified organizations or distributors, or their employees, other than nominal gifts, premiums, or prizes not to exceed a value…

No distributor or manufacturer may use as a sales promotion any statement, demonstration, or implication that any certain portion of a deal of pull - tabs contains more winners than other portions of the deal or that any deal of pull - tabs may be sold by the organization in a pa…

No distributor or manufacturer may sell, issue, or accept returned bingo or lottery equipment and supplies or pull - tabs to or from an organization without first recording the transaction on a sales invoice. Source: SL 1988, ch 188 , § 17.

No distributor or manufacturer may knowingly possess, display, put out for play, sell, or otherwise furnish to any person or organization any deal of pull - tabs: (1) In which the winning pull - tabs have not been completely and randomly distributed and mixed among all other pull…

Each set of disposable bingo cards shall be consecutively numbered from the first card to the last card, or from the first sheet of cards to the last sheet of cards, or be consecutively numbered through the set. Each card or sheet shall have printed on its face both its individua…

Any person who violates any provision of §§ 22-25-32 to 22-25-35 , inclusive, or 22-25-39 to 22-25-47 , inclusive, is guilty of a Class 1 misdemeanor. Any person convicted of a second or subsequent violation of the provisions of §§ 22-25-32 to 22-25-35 , inclusive, or 22-25-39 to…

No lottery may continue for longer than eighteen months after the date on which the first ticket is sold. If an organization determines that a drawing cannot be held within eighteen months, the organization shall within thirty days notify all purchasers that the lottery cannot be…

All racing or trials of speed between horses or other animals for any bet, stake, or reward, except such as is specifically authorized by law is a common nuisance. A violation of this section is a petty offense. Source: SDC 1939, §§ 24.0301, 24.9911; SL 1976, ch 158 , § 25-3 .

For the purposes of this chapter, the term, bet or wager, means to directly or indirectly take, receive, or accept money or any valuable thing with the understanding or agreement that the money or valuable thing will be paid or delivered to a person if the payment or delivery is …

Any person who violates § 22-25A-7 or § 22-25A-8 is guilty of a felony as follows: (1) For a first offense, a Class 6 felony; (2) For a second or subsequent offense, a Class 5 felony. Source: SL 2000, ch 106 , § 10.

The attorney general or the state's attorney for the county in which a violation under this chapter occurred, may prosecute violations of this chapter. Source: SL 2000, ch 106 , § 11.

The attorney general may notify a gambling business that its web site is illegal in this state and list the penalties for violating this section. Source: SL 2000, ch 106 , § 12.

The attorney general or state's attorney may seek, and the court may enter, a preliminary restraining order enjoining a person from transmitting bets or wagers or information to assist in the placing of bets or wagers as a condition of bond pending trial or other disposition of t…

If a person is found guilty or pleads guilty to a charge brought under this chapter, the attorney general or states attorney may seek, and the court may enter, a permanent injunction against the person or gambling business enjoining the person or gambling business from transmitti…

This chapter does not apply to the South Dakota Lottery and its licensees, who are engaged in conduct in furtherance of activity expressly authorized, licensed, and regulated under the provisions of chapter 42-7A or to the South Dakota Commission on Gaming and its licensees, who …

For the purposes of this chapter, the term, gambling business, means a business that is conducted at a gambling establishment or involves the placing, receiving, or making of bets or wagers or offers to engage in the placing, receiving, or making of bets or wagers. Source: SL 200…

For the purposes of this chapter, the term, internet, means the international computer network of both federal and nonfederal interoperable packet switched data networks. Source: SL 2000, ch 106 , § 3.

For the purposes of this chapter, the term, interactive computer service, means a service, system, or network or access software provider that uses public communication infrastructure or operates to provide or enable computer access by multiple users to a computer server, includi…

For the purposes of this chapter, the term, person, means an individual, association, partnership, joint venture, corporation, or a director, executive, or officer of an association, partnership, joint venture, or corporation, a political subdivision of this state, or a departmen…

For the purposes of this chapter, the term, state, means this state, including a territory, possession, county, and land owned, occupied, or held in trust for an Indian tribe, whether or not federally recognized as an Indian tribe. Source: SL 2000, ch 106 , § 6.

Except as provided in § 22-25A-15 , no person engaged in a gambling business may use the internet or an interactive computer service to bet or wager. Source: SL 2000, ch 106 , § 7.

Except as provided in § 22-25A-15 , no person may establish a location or site in this state from which to conduct a gambling business on or over the internet or an interactive computer service. Source: SL 2000, ch 106 , § 8.

A violation of § 22-25A-7 or 22-25A-8 occurs if the violation originates or terminates, or both, in this state. Each individual bet or wager offered in violation of § 22-25A-7 or from a location or site that violates § 22-25A-8 constitutes a separate violation. Source: SL 2000, c…

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.