Title 22, CRIMES

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 § 22-30A-42 . The motor vehicle owner may dispute the motor fuel retailer's claim by sending a notice by certified mail, ret…

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…

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,…

Any person is guilty of theft if that person intentionally obtains property or service which that person knows is available only for compensation, by deception, threat, or other means to avoid payment for the service or property. Source: SDC 1939, § 13.4206; SDCL, § 22-41-15 ; SL…

Any person who, by use of a debit card or credit card issued to another person, without the consent of the person to whom issued, or by use of a debit card or credit card which has been revoked or canceled or has expired, or by use of a falsified, mutilated, altered, or counterfe…

Any person who, having control over the disposition of services of others, to which that person is not entitled, diverts such services to his or her own benefit or to the benefit of another not entitled thereto, is guilty of theft. Source: SL 1976, ch 158 , § 30A-14; SL 2005, ch …

Any person who enters or remains in an occupied structure, with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, is guilty of first degree burglary if: (1) The offender inflicts, or at…

The term, nighttime, as used in this chapter, means the period between thirty minutes past sunset and thirty minutes before sunrise. Source: SDC 1939, § 13.3708; SL 2005, ch 120 , § 110.

Any person who has in his or her possession any weapon or instrument specifically designed or adapted for the commission of a burglary or any explosive useful for the commission of a burglary, with the intent to commit a burglary, is guilty of a Class 6 felony. Source: SDC 1939, …

Any person who forcibly enters a motor vehicle with intent to commit any crime in that motor vehicle is guilty of aggravated criminal entry of a motor vehicle. Aggravated criminal entry of a motor vehicle is a Class 6 felony. Source: SL 1993, ch 179 ; SL 2005, ch 120 , § 112.

Any person who enters a motor vehicle without the use of force or who remains in a motor vehicle after forming an intent to commit any crime in that motor vehicle is guilty of criminal entry of a motor vehicle. Criminal entry of a motor vehicle is a class 1 misdemeanor. Source: S…

Any person who enters or remains in an occupied structure with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, under circumstances not amounting to first degree burglary, is guilty of…

Any person who enters or remains in an unoccupied structure, other than a motor vehicle, with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, is guilty of third degree burglary. Third…

Any person who intentionally and without authorization of the person in charge of a place of confinement, sets fire to, burns, or causes to be burned any material, object, or substance within a structure knowing there is lawfully confined therein any person, is guilty of a Class …

Any person who starts a fire or causes an explosion with the intent to destroy any occupied structure of another is guilty of first degree arson. First degree arson is a Class 2 felony. Source: SL 2005, ch 120 , § 86.

Any person who starts a fire or causes an explosion with the intent to: (1) Destroy any unoccupied structure of another; or (2) Destroy or damage any property, whether his or her own or another's, to collect insurance for such loss; is guilty of second degree arson. Second degree…

Any person who intentionally starts a fire or causes an explosion, whether on his or her own property or another's, and thereby recklessly: (1) Places another person in danger of death or serious bodily injury; or (2) Places a building or occupied structure of another in danger o…

Any person who knows that a fire is endangering life or a substantial amount of property of another and fails to take reasonable measures to put out or control the fire, if such person can do so without substantial risk to himself or herself, or to give a prompt fire alarm, if: (…

For the purposes of chapter 22-33 , the term, occupied structure, means any structure, vehicle, or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. Property is that of another, for the purposes…

Any person who, with specific intent to do so, injures, damages, or destroys: (1) Public property without the lawful consent of the appropriate governing body having jurisdiction thereof; or (2) Private property in which any other person has an interest, without the consent of th…

The injuries, damages, or destruction resulting from violations of § 22-34-1 committed pursuant to one scheme or course of conduct may be aggregated to determine the degree of the offense regardless of whether such injuries, damage, or destruction affected the property of one or …

Any person who, with intent to cause damage, deposits, throws, or propels any substance upon any highway, roadway, runway, or railroad tracks, or at any vehicle while such vehicle is either in motion or stationary, is guilty of a Class 1 misdemeanor. Source: SL 1975, ch 168 ; SDC…

Any person who, by any means, knowingly damages or tampers with any property and, as a direct result: (1) Causes a substantial interruption or impairment: in television, radio, telephone, telegraph, internet, or other mass communications service; in police, fire, or other public …

The owner, lessee, or operator, whether a natural or legal person, of a critical infrastructure facility if a crime is committed under § 22-35-5 or 22-34-28 , is a victim under chapters 23A-27 , 23A-28 , 23A-28 A, 23A-28 B, and 23A-28 C. Source: SL 2020, ch 79 , § 4.

Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor. Source: SL …

Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by: (1) Actual communication to the person who subsequently commits the trespass; (2) Posting in a manner reasonably likely to come to the atte…

It is an affirmative defense to prosecution under § 22-35-5 or 22-35-6 that: (1) The premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises; or (2) The p…

If a person defies an order issued pursuant to chapter 34-48A not to enter an area defined in that chapter and a notice not to enter is posted, the person is guilty of criminal trespass. A violation of this section is a Class 1 misdemeanor. Source: SL 2017, ch 42 , § 5, eff. Mar.…

An individual may not, directly or indirectly through statements or conduct, intentionally misrepresent an animal in that individual's possession as a service animal in any place of public accommodation to obtain any rights or privileges available to an individual who qualifies f…

Any person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who intentionally does not perform any legal duty relating to the removal of a public nuisance, is guilty of a Class 2 misdemeanor. However, if any person has been se…

Any person who, with intent to defraud, falsely makes, completes, or alters a written instrument of any kind, or passes any forged instrument of any kind is guilty of forgery. Forgery is a Class 5 felony. Source: SDC 1939, §§ 13.1243, 13.1248, 13.4101, 13.4104 to 13.4106, 13.4108…

Any person who, with the intent to defraud, possesses any forged instrument with the knowledge that the instrument has been forged is guilty of possessing a forged instrument. Possessing a forged instrument is a Class 6 felony. Source: SDC 1939, §§ 13.4101 (2), (4), 13.4107; SDCL…

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…