reglab/housing_qa huggingface dataset:
SD Codified L § 22-30A-10 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-10 - Embezzlement of property received in trust.

22-30A-10. Embezzlement of property received in trust.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 theft pursuant to this section. Source: SDC 1939, §§13.1236, 13.1305, 13.4001, 13.4003 to 13.4007; SDCL, §§3-16-4, 3-16-5, 22-38-1 to 22-38-7; SL 1976, ch 158, §30A-15; SL 1977, ch 189, §61; SL 2005, ch 120, §59.
SD Codified L § 22-30A-10.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-10.1 - Return of stolen property considered in mitigation of punishment--Return not a defense.

22-30A-10.1. Return of stolen property considered in mitigation of punishment--Return not a defense.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 may it be considered by the finder of fact. Source: SL 1977, ch 189, §58; SL 1986, ch 183, §1; SL 2005, ch 120, §60.
SD Codified L § 22-30A-11 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-11 - Disqualification from public office.

22-30A-11. Disqualification from public office.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 chapter 22-6 and that may also be prescribed under §3-23-5 or 3-23-9, be disqualified from holding any public office, elective or appointive, under the laws of this state. Source: SDC 1939, §48.0207; SDCL §3-16-6; SL 1976, ch 158, §30A-15; SL 2005, ch 120, §61; SL 2017, ch 31, §17.
SD Codified L § 22-30A-12 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-12 - Unauthorized operation of vehicle or vessel as misdemeanor.

22-30A-12. Unauthorized operation of vehicle or vessel as misdemeanor.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.
SD Codified L § 22-30A-13 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-13 - Theft by conversion of rented personalty after notice of termination.

22-30A-13. Theft by conversion of rented personalty after notice of termination.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 term, proper notice, means a written demand for the return of the property addressed and mailed by certified or registered mail to the lessee or renter or personal service of such written demand in the manner provided for service of a summons. Source: SL 1976, ch 158, §§30A-19, 30A-20; SL 1981, ch 178; SL 2005, ch 120, §63.
SD Codified L § 22-30A-14 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-14 - Affirmative defense to conversion of leased or rented personalty.

22-30A-14. Affirmative defense to conversion of leased or rented personalty.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 date of the rental contract was lawful;(3)That the lessee failed to receive the lessor's notice personally; and(4)That the lessee returned the personal property to the owner or lessor within forty-eight hours of receiving notice of the commencement of prosecution, together with any charges for the overdue period and the value of damages to the personal property, if any. Source: SL 1976, ch 158, §30A-21; SL 2005, ch 120, §64.
SD Codified L § 22-30A-15 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-15 - Theft as single offense incorporating previous separate offenses--Terms used in alleging theft.

22-30A-15. Theft as single offense incorporating previous separate offenses--Terms used in alleging theft.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 stolen property. An accusation of theft may be supported by evidence that the theft was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the indictment or information, subject only to the power of a court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise. Source: SL 1976, ch 158, §30A-2; SL 2005, ch 120, §65.
SD Codified L § 22-30A-16 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-16 - Ignorance and honest claim of right as affirmative defenses to theft.

22-30A-16. Ignorance and honest claim of right as affirmative defenses to theft.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 the property as he or she did. Source: SDC 1939, §13.4009; SDCL, §22-38-10; SL 1976, ch 158, §30A-5; SL 1977, ch 189, §62; SL 2005, ch 120, §66.
SD Codified L § 22-30A-17 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-17 - Grand theft--Felony.

22-30A-17. Grand theft--Felony.Grand theft is a Class 6 felony, if the property stolen:(1)Exceeds one thousand dollars in value but is less than or equal to two thousand five hundred dollars;(2)Is a firearm with a value of less than or equal to two thousand five hundred dollars;(3)Is taken from the person of another with a value of less than or equal to two thousand five hundred dollars; or(4)The property stolen is cattle, horses, mules, sheep, goats, buffalo, or captive nondomestic elk with a value of less than or equal to two thousand five hundred dollars.Grand theft is a Class 5 felony if the value of the property is more than two thousand five hundred dollars but less than or equal to five thousand dollars.Grand theft is a Class 4 felony if the value of the property is more than five thousand dollars but less than or equal to one hundred thousand dollars.Grand theft is a Class 3 felony if the value of the property is more than one hundred thousand dollars but less than or equal to five hundred thousand dollars. Source: SDC 1939, §§13.3802 to 13.3803, 13.4008; SL 1959, ch 39; SL 1961, ch 40; SDCL §§22-37-2, 22-37-3, 22-37-6, 22-38-12; SL 1976, ch 158, §30A-3; SL 1977, ch 189, §§63, 64; SL 1978, ch 158, §72; SL 1982, ch 178; SL 1990, ch 165, §2; SL 1997, ch 139, §1; SL 2001, ch 114, §1; SL 2005, ch 120, §67; SL 2013, ch 101, §60; SL 2013, ch 110, §1.
SD Codified L § 22-30A-17.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-17.1 - Aggravated grand theft--Felony.

22-30A-17.1. Aggravated grand theft--Felony.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.
SD Codified L § 22-30A-17.2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-17.2 - Petty theft in the first degree--Misdemeanor.

22-30A-17.2. Petty theft in the first degree--Misdemeanor.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.
SD Codified L § 22-30A-17.3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-17.3 - Petty theft in the second degree--Misdemeanor.

22-30A-17.3. Petty theft in the second degree--Misdemeanor.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.
SD Codified L § 22-30A-18 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-18 - Aggregation of related thefts to determine degree of offense.

22-30A-18. Aggregation of related thefts to determine degree of offense.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.
SD Codified L § 22-30A-19.1 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-19.1 - Liability of shoplifter to owner or seller--Penalty.

22-30A-19.1. Liability of shoplifter to owner or seller--Penalty.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 or seller, and with the intention of converting the goods to the person's own use without having paid the purchase price, is liable to the owner or seller for the retail value of the merchandise, regardless of whether or not the merchandise has been recovered in undamaged condition by the owner or seller. In addition, the owner or seller is entitled to a penalty of four times the retail value of the merchandise, or one hundred dollars, whichever is greater. Source: SL 1989, ch 199, §1; SL 1993, ch 213, §108; SL 1994, ch 179, §1; SL 1997, ch 138, §1; SL 2005, ch 120, §72.
SD Codified L § 22-30A-19.2 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-19.2 - Detention of suspected shoplifter--Reasonableness--Grounds.

22-30A-19.2. Detention of suspected shoplifter--Reasonableness--Grounds.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 of time:(1)To request identification;(2)To verify such identification;(3)To make reasonable inquiry as to whether such person has in his or her possession unpurchased merchandise and, to make reasonable investigation of the ownership of such merchandise;(4)To inform a law enforcement officer of the detention of the person and surrender that person to the custody of a law enforcement officer; and(5)In the case of a minor, to inform a law enforcement officer, a parent, guardian, or other private person interested in the welfare of the detained minor and to surrender custody of the minor to such person.An owner or seller of merchandise may make a detention as permitted in this section off the premises of a retail mercantile establishment only if such detention is pursuant to the immediate pursuit of such person. Source: SL 1989, ch 199, §2; SL 2005, ch 120, §73.
SD Codified L § 22-30A-19.3 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-19.3 - Demand for payment by victim of retail theft.

22-30A-19.3. Demand for payment by victim of retail theft.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 §22-30A-19.1. Except for a sole proprietorship, a member of management, other than the initial detaining person, shall evaluate the validity of the accusation that an act of retail theft was committed and shall approve the accusation before a written demand for payment is issued. The demand for payment shall be mailed by certified mail to the person from whom payment is demanded or served personally on the person from whom payment is demanded. Personal service shall be accomplished in the same manner as the service of a summons. Source: SL 1989, ch 199, §3; SL 1997, ch 138, §3; SL 2005, ch 120, §74.
SD Codified L § 22-30A-19.4 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-19.4 - Failure to pay liability for theft--Penalty doubled.

22-30A-19.4. Failure to pay liability for theft--Penalty doubled.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. However, if the person to whom a written demand is made fails to make full payment pursuant to that written demand, then the penalty allowed in §22-30A-19.1 may be doubled. Source: SL 1989, ch 199, §4; SL 1997, ch 138, §2; SL 2005, ch 120, §75.
SD Codified L § 22-30A-21 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-21 - Law enforcement officer retaining seized property as theft.

22-30A-21. Law enforcement officer retaining seized property as theft.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 pursuant to §22-30A-1. Source: SL 1983, ch 177; SL 2005, ch 120, §77.
SD Codified L § 22-30A-24 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-24 - Theft by insufficient funds check--Degrees according to amount--Aggregation of checks.

22-30A-24. Theft by insufficient funds check--Degrees according to amount--Aggregation of checks.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 the check was drawn in the financial institution for the payment of such check and all other checks upon such funds then outstanding, in full upon its presentation, although no express representation is made with reference thereto, is guilty of theft by insufficient funds check. Theft by insufficient funds check is punishable as theft pursuant to chapter 22-30A. In determining the degree of theft, the value of the property stolen or attempted to be stolen is the same as the face amount of the insufficient funds check. Any series of insufficient funds checks within any thirty-day period may be aggregated in amount to determine the degree of theft of such course of conduct. Source: SDC 1939, §13.4204; SL 1959, ch 40; SL 1967, ch 27; SL 1973, ch 153, §§1, 6; SDCL Supp, §22-41-1.1; SL 1976, ch 158, §41-1; SL 1977, ch 189, §74; SL 1978, ch 158, §15; SL 1990, ch 165, §1; SDCL, §22-41-1; SL 2005, ch 120, §§132, 139.
SD Codified L § 22-30A-25 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-25 - Theft by no account check--Degrees according to amount--Aggregation of checks.

22-30A-25. Theft by no account check--Degrees according to amount--Aggregation of checks.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 has an account with such financial institution, is guilty of theft by no account check. Theft by no account check is punishable as theft pursuant to chapter 22-30A. In determining the degree of theft, the value of the property stolen or attempted to be stolen is the same as the face amount of the no account check. Any series of no account checks within any thirty-day period may be aggregated in amount to determine the degree of theft of such course of conduct.It is a defense to prosecution pursuant to this section that the check passer's or the check passer's principal's account was closed without the check passer's knowledge. Evidence that the financial institution mailed a notice by certified or registered mail to the person in whose name the account was listed at the last address contained in the financial institution's records is prima facie proof that the check passer had knowledge that such account was closed. Source: SL 1973, ch 153, §4; SL 1976, ch 158, §41-2; SL 1977, ch 189, §75; SDCL, §22-41-1.2; SL 2005, ch 120, §§133, 139.
SD Codified L § 22-30A-26 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-26 - Return of property or payment of check and the costs and expenses prohibits criminal prosecution.

22-30A-26. Return of property or payment of check and the costs and expenses prohibits criminal prosecution.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 mailing or delivery of the notice of dishonor, no criminal prosecution may occur in regard to the check. Source: SL 1986, ch 183, §2; SDCL, §22-41-1.3; SL 2005, ch 120, §§134, 139.
SD Codified L § 22-30A-27 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-27 - Passing insufficient funds check as prima facie evidence of knowledge of insufficiency.

22-30A-27. Passing insufficient funds check as prima facie evidence of knowledge of insufficiency.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 27; SL 1973, ch 153, §2; repealed SL 1976, ch 158, §41-11; re-enacted SL 1977, ch 189, §76; SDCL, §22-41-2; SL 2005, ch 120, §§135, 139.
SD Codified L § 22-30A-28 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-28 - Goods, services, taxes, and other obligations as present consideration.

22-30A-28. Goods, services, taxes, and other obligations as present consideration.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 consideration also includes payment made for goods and services, if the goods and services are obtained under an understanding that the goods and services would be paid for at a specific time by written agreement or under an established method of payment of accounts. In addition, payment of taxes and any other obligation due the State of South Dakota or any of its political subdivisions and payment of alimony or child support constitutes present consideration for the purposes of this chapter. Source: SL 1973, ch 153, §3; SL 1976, ch 158, §41-3; SL 1977, ch 189, §77; SL 1980, ch 177; SL 1986, ch 184; SL 1993, ch 180; SDCL, §22-41-2.1; SL 2005, ch 120, §§136, 139.
SD Codified L § 22-30A-29 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-29 - Postdated check not in violation.

22-30A-29. Postdated check not in violation.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 §22-30A-24. Source: SL 1973, ch 153, §7; SL 1987, ch 169; SDCL, §22-41-2.2; SL 2005, ch 120, §§137, 139.
SD Codified L § 22-30A-30 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-30 - Prosecution for passing check against insufficient funds--Establishment of probable cause-Testimony of official not necessary.

22-30A-30. Prosecution for passing check against insufficient funds--Establishment of probable cause-Testimony of official not necessary.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 reasonable indicia that the check has been presented for payment and that the check has not been paid or honored by the financial institution because of insufficient funds in the account upon which the check was drawn or that the account did not exist. Upon the offer and acceptance of the check as evidence at the preliminary hearing, or before the grand jury, it is not necessary for an official or employee of the financial institution to testify at the preliminary hearing, or before the grand jury, concerning the financial institution's records with respect to the account upon which the check has been drawn. Source: SL 1987, ch 170; SL 1991, ch 194; SL 1992, ch 26, §4; SDCL, §22-41-2.3; SL 2005, ch 120, §§138, 139.
SD Codified L § 22-30A-31 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-31 - Passing check as prima facie evidence.

22-30A-31. Passing check as prima facie evidence.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, §22-41-2.4; SL 2005, ch 120, §139.
SD Codified L § 22-30A-32 (2021)
2021 South Dakota Codified Laws|Title 22 - Crimes|Chapter 30A - Theft|Section 22-30A-32 - Notice of dishonor required before prosecution for theft by insufficient funds--Check or theft by no account check--Presumption of service--Waiting period.

22-30A-32. Notice of dishonor required before prosecution for theft by insufficient funds--Check or theft by no account check--Presumption of service--Waiting period.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, supported by an affidavit of mailing sworn and retained by the sender, in the United States mail and addressed to the recipient's most recent address known to the sender. If the notice is mailed, and not returned as undeliverable by the United States Postal Service, notice is conclusively presumed to have been given on the date of mailing. The holder of the dishonored check, whether it be a no account check or insufficient funds check, shall, upon return of the receipt, hold the check for a period of at least thirty days if notice is given by first class mail, and upon the expiration of that period shall present the check with the attached bank return, return receipt or affidavit of mailing, and copy of the dishonor notice to the state's attorney for prosecution. Source: SL 1973, ch 153, §8; SL 1976, ch 158, §41-4; SL 2003, ch 128, §1; SDCL, §22-41-3.1; SL 2005, ch 120, §§139, 140.