Title 22 — CRIMES

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.

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.

Robbery is the intentional taking of personal property, regardless of value, in the possession of another from the other's person or immediate presence, and against the other's will, accomplished by means of force or fear of force, unless the property is taken pursuant to law or …

To constitute robbery, force or fear of force must be employed either to obtain or retain possession of the property or to prevent or overcome resistance to the taking. If employed merely as a means of escape, it does not constitute robbery. The degree of force employed to consti…

The fear of force which constitutes an element of the offense of robbery may be either: (1) The fear of an injury, immediate or future, to the person or property of the person robbed, or of any relative or family member of the person robbed; or (2) The fear of an immediate injury…

The taking of property from the person of another or in the immediate presence of the person is not robbery if it clearly appears that the taking was fully completed without the person's knowledge. Source: SDC 1939, § 13.2601; SL 1976, ch 158 , § 30-3 ; SL 2005, ch 120 , § 27. 22…

Robbery, if accomplished by the use of a dangerous weapon, or by the use of a physical object simulating a dangerous weapon, is robbery in the first degree. Robbery, if accomplished in any other manner, is robbery in the second degree. Source: SDC 1939, § 13.2603; SL 2005, ch 120…

Robbery in the first degree is a Class 2 felony. Robbery in the second degree is a Class 4 felony. Source: SDC 1939, § 13.2603; SL 1976, ch 158 , § 30-4 . 22-30-8 to 22-30-10. Repealed by SL 1976, ch 158 , § 30-5 22-30-11. Repealed by SL 2005, ch 120 , § 29, eff. July 1, 2006.

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…