Title 22 — CRIMES

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 …

Repealed by SL 1976, ch 158 , § 34-5 22-34-25

July 1, 2006. 22-34-3 22-34-3 to 22-34-17. Repealed by SL 1976, ch 158 , § 34-5 22-34-18

Repealed by SL 1973, ch 150 , § 5 22-34-26

22-34-28 Substantial interruption or impairment--Utility Service--Critical Infrastructure--Violation as felony. 22-34-29

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 …

July 1, 2006. 22-34-30 Determination as victim.

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…

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…

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…

Terms used in this chapter mean: (1) "Controlled drug or substance," a drug or substance, or an immediate precursor of a drug or substance, listed in Schedules I through IV. The term includes an altered state of a drug or substance listed in Schedules I through IV absorbed into t…

Any person who keeps or maintains a place which is resorted to by persons using controlled drugs and substances for the purpose of using such substances, or which is used for the keeping or selling of such substances, is guilty of a Class 5 felony. Source: SL 1970, ch 229 , § 10 …

Any person who inhabits a room knowing that any controlled drug or substance is being illegally stored or used therein, is guilty of a Class 1 misdemeanor. Source: SL 1970, ch 229 , § 10 (j); SDCL Supp, § 39-17-110; SL 1977, ch 189 , § 87.

Any person who violates any provision of §§ 22-42-2.1 , 22-42-4.1 , 22-42-4.2 , and 22-42-10 , is punishable by a civil fine of not more than ten thousand dollars. The court may, however, impose an additional fine of not more than ten thousand dollars, which shall be remitted to …

Any penalty imposed for a violation of any provision of §§ 22-42-2 to 22-42-6 , inclusive, or §§ 22-42-8 to 22-42-10 , inclusive, shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law. Source: SL 1970, ch 229 , § 10 (g); SD…

22-42-15.1 Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor. 22-42-16 Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony. 22-42-17 Controlled substances obtained concurrently fr…

No person may deliver or possess with intent to deliver or knowingly manufacture any noncontrolled substance which the person represents to be a substance controlled under the provisions of this chapter. Any person who violates this section is guilty of a Class 6 felony. Source: …

Any person who knowingly obtains a controlled substance from a medical practitioner and who knowingly withholds information from that medical practitioner that he has obtained a controlled substance of similar therapeutic use in a concurrent time period from another medical pract…

Terms used in §§ 22-42-19 to 22-42-21 , inclusive, mean: (1) "Playground," any outdoor facility, including any appurtenant parking lot, intended for recreation, open to the public, any portion of which contains apparatus intended for the recreation of children such as slides, swi…

Any person who commits a violation of § 22-42-2 , 22-42-3 , or 22-42-4 , or a felony violation of § 22-42-7 , if such activity has taken place: (1) In, on, or within one thousand feet of real property comprising a public or private elementary or secondary school or a playground; …