Title 22 — CRIMES

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 Repealed by SL 2005, …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,…

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. 22-32-16. Repealed by SL 1984, ch 170 , § 1

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…