reglab/housing_qa huggingface dataset:
SD Codified L § 22-30A-33 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-33 - Additional civil penalty for failure to pay amount of check and fees and costs--Prosecution.

22-30A-33. Additional civil penalty for failure to pay amount of check and fees and costs--Prosecution.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 equal to twice the amount of the check. The state's attorney may then prosecute the dishonor. No state's attorney may collect a civil penalty for prosecuting the dishonor. No state's attorney may assign a check for civil collection for violation of §22-30A-24 or 22-30A-25. Source: SL 2005, ch 120, §442; SL 2006, ch 128, §1.
SD Codified L § 22-30A-34 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-34 - Contents of notice of dishonor.

22-30A-34. Contents of notice of dishonor.The notice of dishonor required by §22-30A-32 shall be in substantially the following form:Date ________________________________________________________________Name of issuer ________________________________________________________Bank on which drawn ___________________________________________________Date of check _________________________________________________________Amount of check _______________________________________________________Holder of the check _____________________________________________________You are hereby notified that your check described above has been dishonored and is now being held by the above holder for a period of thirty days from the date of the mailing of this notice. Civil liability incurred by a check issuer pursuant to SDCL 57A-3-420 is not a defense to a violation of this chapter. If you do not pay the amount of the check and the costs and expenses provided for by SDCL 57A-3-421 within thirty days of the mailing of this notice of dishonor to you, your check will be delivered to the state's attorney for criminal prosecution for theft, and you will be liable to the holder of the check for an additional civil penalty of an amount equal to twice the amount of the check in addition to the amount of the check and the costs and expenses provided for by SDCL 57A-3-421. Source: SL 1973, ch 153, §8; SL 1983, ch 368, §2; SDCL, §22-41-3.2; SL 2005, ch 120, §§139, 444.
SD Codified L § 22-30A-35 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-35 - Proof of notice not required--Payment of check, costs, and expenses bar to prosecution.

22-30A-35. Proof of notice not required--Payment of check, costs, and expenses bar to prosecution.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 required by §§22-30A-32 and 22-30A-34 is returned undelivered, or if it appears to the state's attorney that there is reasonable cause to believe that the writer of the check intends to remove himself or herself from the jurisdiction of the court, the state's attorney may elect to prosecute without such notice. However, if the insufficient funds check or no account check is paid by the drawer to the holder, along with the costs and expenses provided for in §57A-3-421, within the thirty days after the notice is mailed or delivered to the drawer, the check may not be prosecuted. Source: SL 1973, ch 153, §8; SL 1975, ch 170; SL 1976, ch 158, §41-5; SL 1977, ch 189, §78; SDCL, §22-41-3.3; SL 2005, ch 120, §§139, 141; SL 2006, ch 117, §3.
SD Codified L § 22-30A-36 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-36 - Limitation of theft by insufficient funds check and theft by no account check prosecutions.

22-30A-36. Limitation of theft by insufficient funds check and theft by no account check prosecutions.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 1973, ch 153, §5; SL 1976, ch 158, §41-6; SL 1977, ch 189, §79; SDCL, §22-41-3.4; SL 2005, ch 120, §§139, 142.
SD Codified L § 22-30A-37 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-37 - Circumstances under which maker, drawer, or issuer not criminally or civilly liable for damages and costs.

22-30A-37. Circumstances under which maker, drawer, or issuer not criminally or civilly liable for damages and costs.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 checks, drafts, and orders on the account then outstanding and unpaid; or(2)The check, draft, or order was not paid because a paycheck, deposited in the account in an amount sufficient to cover the check, draft, or order, was not paid upon presentation; or(3)Funds sufficient to cover the check, draft, or order were garnished, attached, or setoff, and the maker, drawer, or issuer had no notice of such garnishment, attachment, or setoff at the time the check, draft, or order was issued; or(4)The maker of the check, draft, or order was not competent or of full age to enter into a legal contractual obligation at the time the check, draft, or order was issued; or(5)The making of the check, draft, or order was induced by fraud or duress; or(6)The transaction which gave rise to the obligation for which the check, draft, or order was given lacked consideration or was illegal. Source: SL 2005, ch 120, §445.
SD Codified L § 22-30A-38 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-38 - Combination of instruments--Court.

22-30A-38. Combination of instruments--Court.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 or in the county in which the check writer resides. A cause of action under this chapter may be brought in small claims court, if the amount of the demand does not exceed the jurisdiction of that court, or in any other appropriate court. Source: SL 2005, ch 120, §446.
SD Codified L § 22-30A-39 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-39 - Alteration or removal of serial number--Possession of property with altered serial number--Felony.

22-30A-39. Alteration or removal of serial number--Possession of property with altered serial number--Felony.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 intentionally obliterated, altered, or removed, which number or marking may be used to determine ownership of the property, is guilty of a Class 6 felony. Source: SL 1977, ch 189, §23; SDCL, §22-11-27; SL 2005, ch 120, §§223, 224.
SD Codified L § 22-30A-40 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-40 - Liability for cost of motor fuel received--Service charge.

22-30A-40. Liability for cost of motor fuel received--Service charge.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 impose a service charge not to exceed thirty dollars for any collection cost. Source: SL 2005, ch 121, §1.
SD Codified L § 22-30A-41 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-41 - Request for vehicle owner information--Format and content--Response by law enforcement.

22-30A-41. Request for vehicle owner information--Format and content--Response by law enforcement.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 pursuant to §32-5-3, to the retailer. The written request for the vehicle owner information may only be submitted by the registered owner or corporate officer of the motor fuel business. The owner or corporate officer shall enclose a self-addressed and stamped envelope with the written request. The format for the request shall be prescribed by the Department of Public Safety and include the following information:(1)The name and signature of the employee witnessing the theft;(2)The name and signature of the owner or corporate officer;(3)The address and telephone number of the owner or corporate officer;(4)License plate number of the motor vehicle; and(5)Reference to the applicable provisions of §§22-30A-40 to 22-30A-44, inclusive.The law enforcement officer shall respond, in writing, to the owner or corporate officer of the motor fuel business. Source: SL 2005, ch 121, §2.
SD Codified L § 22-30A-42 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-42 - Demand for payment from motor vehicle owner for motor fuel received--Content of notice.

22-30A-42. Demand for payment from motor vehicle owner for motor fuel received--Content of notice.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 following information:(1)The name, address, and license plate number of the motor vehicle owner;(2)Date the act occurred;(3)Type of motor fuel;(4)The unpaid dollar amount;(5)The service charge;(6)A citation of §§22-30A-40 and 22-30A-43; and(7)The employee's and employer's signature. Source: SL 2005, ch 121, §3.
SD Codified L § 22-30A-43 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-43 - Payment or dispute of claim--Court action--Service charge and expenses .

22-30A-43. Payment or dispute of claim--Court action--Service charge and expenses.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, return receipt requested, to the motor fuel retailer within the thirty-three day period. If the motor vehicle owner disputes or fails to pay the retailer's claim, the retailer may take the claim to court. The court may award the retailer the unpaid dollar amount for the motor fuel, the service charge, and reasonable court expenses. If the motor vehicle owner does not dispute the claim and fails to pay the claim within the thirty-three day period, the court may award the retailer the unpaid dollar amount for the motor fuel, the service charge, and reasonable court expenses. Source: SL 2005, ch 121, §4.
SD Codified L § 22-30A-44 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-44 - Criminal action prohibited if retailer receives payment or court award.

22-30A-44. Criminal action prohibited if retailer receives payment or court award.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.
SD Codified L § 22-30A-45 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-45 - Public official defined.

22-30A-45. Public official defined.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 chapter 3-16, 3-23, 5-18A, or 6-1. Source: SL 2017, ch 98, §1.
SD Codified L § 22-30A-46 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-46 - Public official's use of public funds for official's financial benefit as theft.

22-30A-46. Public official's use of public funds for official's financial benefit as theft.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 commits a direct criminal conflict of interest is guilty of theft. Source: SL 2017, ch 98, §2.
SD Codified L § 22-32-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 32 - Burglary And Unlawful Entry|Section 22-32-1 - First degree burglary--Felony.

22-32-1. First degree burglary--Felony.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 attempts or threatens to inflict, physical harm on another;(2)The offender is armed with a dangerous weapon; or(3)The offense is committed in the nighttime.First degree burglary is a Class 2 felony. Source: SDC 1939, §§13.3701, 13.3705 (1); SDCL, §22-32-2; SL 1976, ch 158, §32-1; SL 1989, ch 200, §1; SL 2005, ch 120, §107.
SD Codified L § 22-32-3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 32 - Burglary And Unlawful Entry|Section 22-32-3 - Second degree burglary--Felony.

22-32-3. Second degree burglary--Felony.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 second degree burglary. Second degree burglary is a Class 3 felony. Source: SDC 1939, §§13.3702 (1), 13.3705 (2); SDCL, §22-32-7; SL 1976, ch 158, §32-2; SL 1989, ch 200, §2; SL 2005, ch 120, §108.
SD Codified L § 22-32-8 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 32 - Burglary And Unlawful Entry|Section 22-32-8 - Third degree burglary--Felony.

22-32-8. Third degree burglary--Felony.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 degree burglary is a Class 5 felony. Source: SDC 1939, §§13.3703 (1), 13.3705 (3); SL 1941, ch 47; SDCL §22-32-10; SL 1976, ch 158, §32-3; SL 1989, ch 200, §3; SL 2005, ch 120, §109; SL 2013, ch 101, §62.
SD Codified L § 22-32-15 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 32 - Burglary And Unlawful Entry|Section 22-32-15 - Nighttime defined.

22-32-15. Nighttime defined.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.
SD Codified L § 22-32-17 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 32 - Burglary And Unlawful Entry|Section 22-32-17 - Possession of weapon or tools with intent to commit burglary--Felony.

22-32-17. Possession of weapon or tools with intent to commit burglary--Felony.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, §13.3707; SL 1972, ch 141, §1; SL 1976, ch 158, §32-4; SL 2005, ch 120, §111.
SD Codified L § 22-32-19 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 32 - Burglary And Unlawful Entry|Section 22-32-19 - Aggravated criminal entry of a motor vehicle--Felony.

22-32-19. Aggravated criminal entry of a motor vehicle--Felony.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.
SD Codified L § 22-32-20 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 32 - Burglary And Unlawful Entry|Section 22-32-20 - Criminal entry of a motor vehicle--Misdemeanor.

22-32-20. Criminal entry of a motor vehicle--Misdemeanor.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: SL 2005, ch 120, §113.
SD Codified L § 22-33-9.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 33 - Arson|Section 22-33-9.1 - First degree arson--Felony.

22-33-9.1. First degree arson--Felony.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.
SD Codified L § 22-33-9.2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 33 - Arson|Section 22-33-9.2 - Second degree arson--Felony.

22-33-9.2. Second degree arson--Felony.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 arson is a Class 4 felony. Source: SL 2005, ch 120, §87.
SD Codified L § 22-33-9.3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 33 - Arson|Section 22-33-9.3 - Reckless burning or exploding--Felony.

22-33-9.3. Reckless burning or exploding--Felony.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 of damage or destruction;is guilty of reckless burning or exploding. Reckless burning or exploding is a Class 4 felony. Source: SL 2005, ch 120, §88.
SD Codified L § 22-33-9.4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 33 - Arson|Section 22-33-9.4 - Failure to control or report dangerous fire--Misdemeanor.

22-33-9.4. Failure to control or report dangerous fire--Misdemeanor.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:(1)Such person knows that he or she is under an official, contractual, or other legal duty to prevent or combat the fire; or(2)The fire was started, albeit lawfully, by or with the assent of himself or herself, or on property in his or her custody or control;is guilty of failure to control or report a dangerous fire. Failure to control or report a dangerous fire is a Class 1 misdemeanor. Source: SL 2005, ch 120, §89.
SD Codified L § 22-33-9.5 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 33 - Arson|Section 22-33-9.5 - Occupied structure defined.

22-33-9.5. Occupied structure defined.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 of this section, if anyone other than the actor has a possessory or proprietary interest in the property. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an occupied structure of another. Source: SL 2005, ch 120, §90.
SD Codified L § 22-33-10 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 33 - Arson|Section 22-33-10 - Burning within a structure where person is lawfully confined--Felony.

22-33-10. Burning within a structure where person is lawfully confined--Felony.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 6 felony. Source: SL 1981, ch 180; SL 2005, ch 120, §96.
SD Codified L § 22-34-1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 34 - Vandalism And Injuries To Property|Section 22-34-1 - Intentional damage to property--Degree of offense according to value.

22-34-1. Intentional damage to property--Degree of offense according to value.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 the other person;is guilty of intentional damage to property. Intentional damage to property is a Class 2 misdemeanor if the damage to property is four hundred dollars or less. Intentional damage to property is a Class 1 misdemeanor if the damage to property is one thousand dollars or less, but more than four hundred dollars. Intentional damage to property is a Class 6 felony if the damage to property is two thousand five hundred dollars or less, but more than one thousand dollars. Intentional damage to property is a Class 5 felony if the damage to property is five thousand dollars or less, but more than two thousand five hundred dollars. Intentional damage to property is a Class 4 felony if the damage to property is one hundred thousand dollars or less, but more than five thousand dollars. Intentional damage to property is a Class 3 felony if the damage to property is five hundred thousand dollars or less, but more than one hundred thousand dollars. Intentional damage to property is aggravated intentional damage to property if the damage to property is more than five hundred thousand dollars. Aggravated intentional damage to property is a Class 2 felony.The provisions of this section do not apply if the intentional damage to property was accomplished by arson or reckless burning or exploding pursuant to chapter 22-33. Source: SDC 1939, §13.4501; SL 1967, ch 28; SL 1971, ch 159; SDCL Supp, §22-34-3.1; SL 1976, ch 158, §34-1; SL 1977, ch 189, §70; SL 1978, ch 158, §12; SL 1990, ch 164, §1; SL 2005, ch 120, §97; SL 2014, ch 111, §1.