reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-28 - Election to take payment or delivery.

43-41B-28. Election to take payment or delivery.
(a) The administrator may decline to receive any property reported under this chapter which he considers to have a value less than the expense of giving notice and of sale. If the administrator elects not to receive custody of the property, the holder shall be notified.
(b) A holder, with the written consent of the administrator and upon conditions and terms prescribed by him, may report and deliver property before the property is presumed abandoned. Property delivered under this subsection must be held by the administrator and is not presumed abandoned until such time as it otherwise would be presumed abandoned under this chapter.
Source:
SL 1992, ch 312, §27.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-29 - Destruction or disposition of property having insubstantial commercial value--Immunity from liability.

43-41B-29. Destruction or disposition of property having insubstantial commercial value--Immunity from liability.
If the administrator determines after investigation that any property delivered under this chapter has insubstantial commercial value, the administrator may destroy or otherwise dispose of the property at any time. No action or proceeding may be maintained against the state or any officer or against the holder for or on account of any action taken by the administrator pursuant to this section.
Source:
SL 1992, ch 312, §28.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-30 - Period of limitation.

43-41B-30. Period of limitation.
(a) The expiration, before or after July 1, 1993, of any period of time specified by contract, statute, or court order, during which a claim for money or property can be made or during which an action or proceeding may be commenced or enforced to obtain payment of a claim for money or to recover property, does not prevent the money or property from being presumed abandoned or affect any duty to file a report or to pay or deliver abandoned property to the administrator as required by this chapter.
(b) No action or proceeding may be commenced by the administrator with respect to any duty of a holder under this chapter more than ten years after the duty arose.
Source:
SL 1992, ch 312, §29.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-31 - Requests for reports and examination of records.

43-41B-31. Requests for reports and examination of records.
(a) The administrator may require any person who has not filed a report to file a verified report stating whether or not the person is holding any unclaimed property reportable or deliverable under this chapter. The administrator may contract with the Department of Revenue to conduct such examinations.
(b) The administrator, at reasonable times and upon reasonable notice, may examine the records of any person to determine whether the person has complied with the provisions of this chapter. The administrator may conduct the examination even if the person believes it is not in possession of any property reportable or deliverable under this chapter.
(c) If a person is treated under §43-41B-13, as the holder of the property only insofar as the interest of the business association in the property is concerned, the administrator, pursuant to subsection (b), may examine the records of the person if the administrator has given the notice required by subsection (b) to both the person and the business association at least sixty days before the examination.
(d) If an examination of the records of a person results in the disclosure of property reportable and deliverable under this chapter, the administrator may assess the cost of the examination against the holder at the rate of one hundred dollars a day for each examiner, but in no case may the charges exceed the value of the property found to be reportable and deliverable.
Source:
SL 1992, ch 312, §30; SL 1993, ch 326, §5; SL 1996, ch 261, §1; SL 2003, ch 272 (Ex. Ord. 03-1), §82; SL 2011, ch 1 (Ex. Ord. 11-1), §161, eff. Apr. 12, 2011.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-32 - Retention of records.

43-41B-32. Retention of records.
(a) Every holder required to file a report under §43-41B-18, as to any property for which it has obtained the last known address of the owner, shall maintain a record of the name and last known address of the owner for ten years after the property becomes reportable, except to the extent that a shorter time is provided in subsection (b) or by rule of the administrator.
(b) Any holder that sells in this state its travelers checks, money orders, or other similar written instruments, other than third-party bank checks on which the holder is directly liable, or that provides such instruments to others for sale in this state, shall maintain a record of those instruments while they remain outstanding, indicating the state and date of issue for three years after the date the property is reportable.
Source:
SL 1992, ch 312, §31.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-34 - Interstate agreements and cooperation--Joint and reciprocal actions with other states.

43-41B-34. Interstate agreements and cooperation--Joint and reciprocal actions with other states.
(a) To avoid conflicts between the administrator's procedures and the procedures of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act, the administrator, so far as is consistent with the purposes, policies, and provisions of this chapter, before adopting, amending, or repealing rules, may advise and consult with administrators in other jurisdictions that enact substantially the Uniform Unclaimed Property Act and take into consideration the rules of administrators in other jurisdictions that enact the Uniform Unclaimed Property Act.
(b) The administrator may join with other states to seek enforcement of this chapter against any person who is or may be holding property reportable under this chapter.
(c) The administrator may enter into agreements with other states to exchange information.
Source:
SL 1992, ch 312, §33; SL 1993, ch 326, §6.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-35 - Interest on untimely payments.

43-41B-35. Interest on untimely payments.
A person who fails to pay or deliver property within the time prescribed by this chapter shall pay to the administrator interest at the Category A rate on the property or value thereof from the date the property should have been paid or delivered.
Source:
SL 1992, ch 312, §34.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-36 - Agreements to locate reported property.

43-41B-36. Agreements to locate reported property.
All agreements to pay compensation to recover or assist in the recovery of property reported under §43-41B-18, made within twelve months prior to the reporting and remitting of abandoned property accounts and within twenty-four months after the date payment or delivery is made under §43-41B-20, are unenforceable. No agreement entered into after twenty-four months of the required date of delivery of the property by the holder to the state treasurer is valid if a person thereby undertakes to locate property included in a report for a fee or other compensation exceeding twenty-five percent of the value of the recoverable property unless the agreement is in writing and signed by the owner. Nothing in this section may be construed to prevent an owner from asserting at any time that an agreement to locate property is based upon excessive or unjust consideration. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1992, ch 312, §35; SL 1993, ch 326, §7; SL 1994, ch 342.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-37 - Effect of new provisions--Clarification of application.

43-41B-37. Effect of new provisions--Clarification of application.
(a)This chapter does not relieve a holder of a duty that arose before July 1, 1993, to report, pay, or deliver property. A holder who did not comply with the law in effect before July 1, 1993, is subject to the applicable enforcement and penalty provisions that then existed and they are continued in effect for the purpose of this subsection, subject to subdivision 43-41B-30(b).
(b)Except to the extent previously reported to a state, the initial report filed under this chapter for property that was not required to be reported before July 1, 1993, but which is subject to this chapter must include all items of property that would have been presumed abandoned during the ten-year period preceding July 1, 1993, as if this chapter had been in effect during that period.
Source:
SL 1992, ch 312, §36; SL 1993, ch 326, §8.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-40 - Open-loop prepaid cards exempt.

43-41B-40. Open-loop prepaid cards exempt.
The provisions of this chapter do not apply to open-loop prepaid cards for which the underlying funds do not expire and the records of the depository institution do not disclose the identity of the actual owner. For the purposes of this section, an open-loop prepaid card is an electronic payment device that meets the following conditions:
(1)Is purchased or loaded, or both, on a prepaid basis for the future purchase or delivery of any goods or services; and
(2)Can be used to purchase goods and services at multiple unaffiliated merchants or service providers.
Source:
SL 2010, ch 215, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-41 - Rewards cards exempt.

43-41B-41. Rewards cards exempt.
Notwithstanding §43-41B-40, the provisions of this chapter do not apply to any rewards card. For the purposes of §§43-41B-40 to 43-41B-42, inclusive, a rewards card is any awards, rewards, rebate, loyalty, incentive, or promotional card for which no money was paid by the cardholder.
Source:
SL 2010, ch 215, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-42 - Unredeemed gift certificates, closed-loop cards, open-loop cards, and rewards cards not subject to state claim.

43-41B-42. Unredeemed gift certificates, closed-loop cards, open-loop cards, and rewards cards not subject to state claim.
Any unredeemed gift certificate or closed-loop card that meets the requirements of §43-41B-43 or any open-loop prepaid card or rewards card is subject only to any rights of a purchaser or owner of the gift certificate or card and is not subject to any claim made by any state acting on behalf of a purchaser or owner.
Source:
SL 2010, ch 215, §3; SL 2011, ch 198, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41B - Uniform Unclaimed Property Act › Section 43-41B-43 - Certain gift certificates and closed-loop prepaid cards exempt.

43-41B-43. Certain gift certificates and closed-loop prepaid cards exempt.
The provisions of this chapter do not apply to any gift certificate or closed-loop prepaid card that has no expiration date and that is not subject to a dormancy, inactivity, or service fee. For purposes of this chapter, a closed-loop prepaid card is an electronic payment device that meets the following conditions:
(1)Is purchased or loaded, or both, on a prepaid basis in exchange for payment for the future purchase or delivery of goods or services; and
(2)Is redeemable upon presentation to a single merchant or an affiliated group of merchants for goods and services.
Source:
SL 2011, ch 198, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41C - Unclaimed Property Held By Museums Or Historical Societies › Section 43-41C-1 - Property held by a museum or historical society deemed abandoned.

43-41C-1. Property held by a museum or historical society deemed abandoned.
Any property held by a museum or historical society in the state which is held for ten years or more and to which no person has made claim is deemed to be abandoned and becomes the property of the museum or society, if the museum or society has complied with §§43-41C-2 and 43-41C-3.
Source:
SL 1993, ch 328, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41C - Unclaimed Property Held By Museums Or Historical Societies › Section 43-41C-2 - Publication of notice of abandoned property held by a museum or historical society.

43-41C-2. Publication of notice of abandoned property held by a museum or historical society.
The museum or society shall publish a notice as a display advertisement entitled "Notice of Abandoned Property Held by a Museum or Historical Society" at least once each week for two successive weeks. The notice shall be published in a legal newspaper of general circulation of any county in this state in which is located the last known address of any owner of property named in the notice. If no address is listed or if the address is outside this state, the notice shall be published in the county in which the holder of the abandoned property has his principal place of business within the state.
Source:
SL 1993, ch 328, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41C - Unclaimed Property Held By Museums Or Historical Societies › Section 43-41C-3 - Notice requirements for abandoned property held by a museum or historical society.

43-41C-3. Notice requirements for abandoned property held by a museum or historical society.
The published notice required by §43-41C-2 shall contain:
(1)The name and last known address, if any, of the last known owner of property;
(2)A description of the property; and
(3)A statement that if proof of claim is not presented by the owner to the museum or society and if the owner's right to receive the property is not established to the museum's or society's satisfaction within sixty-five days from the date of the second published notice, the property shall be deemed abandoned and shall become the property of the museum or society.
Source:
SL 1993, ch 328, §3.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 41C - Unclaimed Property Held By Museums Or Historical Societies › Section 43-41C-4 - Title to abandoned property vested in museum or historical society.

43-41C-4. Title to abandoned property vested in museum or historical society.
If no claim has been made to the property within sixty-five days from the date of the second published notice, title to the property vests in the museum or society, free from all claims of the owner and of all persons claiming through or under him.
Source:
SL 1993, ch 328, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 42 - Things In Action › Section 43-42-1 - Thing in action defined.

43-42-1. Thing in action defined.
A thing in action is a right to recover money or other personal property by a judicial proceeding.
Source:
CivC 1877, §360; CL 1887, §2876; RCivC 1903, §383; RC 1919, §471; SDC 1939, §51.0802.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 42 - Things In Action › Section 43-42-2 - Transfer and survivorship--Violation of right of property or obligation.

43-42-2. Transfer and survivorship--Violation of right of property or obligation.
A thing in action arising out of the violation of a right of property or out of an obligation may be transferred by the owner. Upon the death of the owner it passes to his personal representatives except where in the cases provided by law it passes to his devisees or successor in office.
Source:
CivC 1877, §361; CL 1887, §2877; RCivC 1903, §384; RC 1919, §472; SDC 1939, §51.0803; SL 1945, ch 213.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 42 - Things In Action › Section 43-42-3 - Nonnegotiable contract--Transfer by endorsement.

43-42-3. Nonnegotiable contract--Transfer by endorsement.
A nonnegotiable written contract for the payment of money or personal property may be transferred by endorsement in like manner with negotiable instruments. Such endorsement shall transfer all the rights of the assignor under the instrument to the assignee subject to all equities and defenses existing in favor of the maker at the time of the endorsement, or arising in his favor before notice of the assignment or endorsement.
Source:
CivC 1877, §818; CL 1887, §3442; RCivC 1903, §1135; RC 1919, §742; SDC 1939, §51.0803; SL 1945, ch 213.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 42 - Things In Action › Section 43-42-4 - Accounts receivable--Transfer by assignment in good faith.

43-42-4. Accounts receivable--Transfer by assignment in good faith.
Every written assignment made in good faith, whether in the nature of a sale, pledge, or other transfer, of an account receivable or of an amount due or to become due on an open account or on a contract (all hereinafter called "account"), with or without the giving of notice of such assignment to the debtor, shall be valid, legal, and complete at the time of the making of such assignment, and shall be deemed to have been fully perfected at that time. Thereafter, no bona fide purchaser from the assignor, no creditor of any kind of the assignor, and no other assignee or transferee of the assignor, in any event shall have, or be deemed to have acquired, any right in the account so transferred or in the proceeds thereof or in any obligation substituted therefor, superior to the rights therein of the assignee.
Source:
SDC 1939, §51.0803 as added by SL 1945, ch 213.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 42 - Things In Action › Section 43-42-5 - Debtor unaware of assignment--Acquittance by good faith payment to assignor, creditor, subsequent purchaser, or other assignee or transferee.

43-42-5. Debtor unaware of assignment--Acquittance by good faith payment to assignor, creditor, subsequent purchaser, or other assignee or transferee.
In any case where, acting without knowledge of an assignment described by §43-42-4, the debtor in good faith pays all or part of such account to the assignor, or to such creditor, subsequent purchaser, or other assignee or transferee, such payment shall be acquittance to the debtor to the extent thereof, and such assignor, creditor, subsequent purchaser, or other assignee or transferee shall be a trustee of any sums so paid and shall be accountable and liable to the prior assignee therefor.
Source:
SDC 1939, §51.0803 as added by SL 1945, ch 213.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43 - Products Of The Mind › Section 43-43-1 - Products of the mind--Exclusive ownership of author.

43-43-1. Products of the mind--Exclusive ownership of author.
The author of any product of the mind, whether it is an invention or a composition in letters or arts or a design with or without delineation or other graphical representation, has an exclusive ownership therein and in the representation or expression thereof which continues so long as the product and the representations or expressions thereof made by him remain in his possession.
Source:
CivC 1877, §570; CL 1887, §3193; RCivC 1903, §886; RC 1919, §484; SDC 1939, §51.0804.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43 - Products Of The Mind › Section 43-43-2 - Products of the mind--Joint ownership.

43-43-2. Products of the mind--Joint ownership.
Unless otherwise agreed a product of the mind, in the production of which several persons are jointly concerned, is owned by them as follows:
(1)If the product is single, in equal proportions; or
(2)If it is not single, in the proportion to the contribution of each.
Source:
CivC 1877, §571; CL 1887, §3194; RCivC 1903, §887; RC 1919, §485; SDC 1939, §51.0805.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43 - Products Of The Mind › Section 43-43-3 - Transfer of product of mind by owner.

43-43-3. Transfer of product of mind by owner.
The owner of any product of the mind or of any representation or expression thereof may transfer his property in the same.
Source:
CivC 1877, §572; CL 1887, §3195; RCivC 1903, §888; RC 1919, §486; SDC 1939, §51.0806.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43 - Products Of The Mind › Section 43-43-4 - Publication by owner of product of mind--Reproduction rights.

43-43-4. Publication by owner of product of mind--Reproduction rights.
If the owner of a product of the mind intentionally makes it public, a copy or reproduction may be made public by any person without responsibility to the owner so far as the law of this state is concerned.
Source:
CivC 1877, §573; CL 1887, §3196; RCivC 1903, §889; RC 1919, §487; SDC 1939, §51.0807.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43 - Products Of The Mind › Section 43-43-5 - Subsequent inventor, author, or composer--Identical production--Rights of respective owners.

43-43-5. Subsequent inventor, author, or composer--Identical production--Rights of respective owners.
If the owner of a product of the mind does not make it public, any other person subsequently and originally producing the same thing has the same right therein as the prior author which right is exclusive to the same extent against all persons except the prior author or those claiming under him.
Source:
CivC 1877, §574; CL 1887, §3197; RCivC 1903, §890; RC 1919, §488; SDC 1939, §51.0808.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43 - Products Of The Mind › Section 43-43-6 - Private writings--Ownership--Right of publication.

43-43-6. Private writings--Ownership--Right of publication.
Letters and other private communications in writing belong to the person to whom they are addressed and delivered; but they cannot be published against the will of the writer except by authority of law.
Source:
CivC 1877, §575; CL 1887, §3198; RCivC 1903, §891; RC 1919, §489; SDC 1939, §51.0809.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43A - Sound Reproductions › Section 43-43A-1 - Owner defined.

43-43A-1. Owner defined.
The term "owner," as used in this chapter, shall mean any person who owns the original fixation of sounds embodied in the master phonograph record, master disc, master tape, master wire, master film, or other device used for reproducing recorded sounds on phonograph records, discs, tapes, wires, films, or other articles on which sound is recorded.
Source:
SL 1975, ch 172, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43A - Sound Reproductions › Section 43-43A-2 - Pirating recorded sound or dealing in pirated recordings as felony.

43-43A-2. Pirating recorded sound or dealing in pirated recordings as felony.
Except as provided in §43-43A-4, or with the express consent of the owner, it is a Class 6 felony for any person to knowingly:
(1)Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, tape, wire, film, or other article on which sound is recorded, with the intent to sell or cause to be sold or to use or cause to be used for profit through public performance the article on which such sounds are so transferred; or
(2)Manufacture, distribute, advertise or sell, offer for sale, or possess for the purpose of sale, at wholesale or retail, any such article on which sounds have been so transferred.
Source:
SL 1975, ch 172, §2; SL 1983, ch 15, §12.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43A - Sound Reproductions › Section 43-43A-3 - Sale of recordings without identification of manufacturer and performers as felony.

43-43A-3. Sale of recordings without identification of manufacturer and performers as felony.
It is a Class 6 felony for any person to distribute, advertise, circulate, sell, or offer for sale or possess for the purpose of sale, at wholesale or retail, any phonograph record, disc, tape, wire, film, or other article on which sounds have been transferred, unless such phonograph record, disc, tape, wire, film, or other article prominently discloses the actual name and street address of the manufacturer thereof, and the name of the actual performing artist or group. As used in this section, the term "manufacturer" shall not include the manufacturer of the cartridge or casing itself.
Source:
SL 1975, ch 172, §3; SL 1983, ch 15, §13.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43A - Sound Reproductions › Section 43-43A-4 - Broadcast media, home recording, judicial and administrative proceedings exempt.

43-43A-4. Broadcast media, home recording, judicial and administrative proceedings exempt.
The provisions of this chapter shall not apply to:
(1)Any person engaged in radio or television broadcasting who transfers, or causes to be transferred any recorded sounds as a part of a radio or television broadcast or for archival preservation; or
(2)Any person who transfers or causes to be transferred any recorded sounds in the home, for personal use, without any compensation being derived by such person or any other person from such transferral; or
(3)Any person who transfers or causes to be transferred any recorded sounds, or transcript thereof, in any judicial proceedings or administrative proceedings under chapter 1-26.
Source:
SL 1975, ch 172, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43A - Sound Reproductions › Section 43-43A-7 - Each transaction as separate offense.

43-43A-7. Each transaction as separate offense.
Each and every individual and separate manufacture, distribution, sale, or offer of sale, at wholesale of a recorded article prohibited by this chapter shall constitute a separate offense and be punishable as such.
Source:
SL 1975, ch 172, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43B - Computer Programs › Section 43-43B-1 - Unlawful uses of computer system.

43-43B-1. Unlawful uses of computer system.
A person is guilty of unlawful use of a computer system, software, or data if the person:
(1)Knowingly obtains the use of, accesses or exceeds authorized access to, a computer system, or any part thereof, without the consent of the owner;
(2)Knowingly obtains the use of, accesses, or exceeds authorized access to, a computer system, or any part thereof, without the consent of the owner, and the access or use includes access to confidential data or material;
(3)Knowingly copies or obtains information from a computer system, or compromises any security controls for the computer system, or uses or discloses to another, or attempts to use or disclose to another, the numbers, codes, passwords, or other means of access to a computer system without the consent of the owner;
(4)Knowingly disrupts, denies, or inhibits access to software or data without the consent of the owner;
(5)Knowingly disrupts, denies, or inhibits access to a computer system, without consent of the owner;
(6)Knowingly modifies, changes, or alters software or data, without the consent of the owner;
(7)Knowingly obtains use of, alters, accesses, or exceeds authorized access to, destroys, disables, or inhibits access to a computer system, as part of a deception for the purpose of obtaining money, property, or services from the owner of a computer system, or any third party;
(8)Knowingly destroys or disables a computer system, without consent of the owner; or
(9)Knowingly destroys or disables software or computer data, without consent of the owner.
Source:
SL 1982, ch 300, §3; SL 1984, ch 282, §1; SL 2002, ch 109, §27.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43B - Computer Programs › Section 43-43B-2 - Definition of terms.

43-43B-2. Definition of terms.
Terms used in this chapter mean:
(1)"Access," to instruct, communicate with, store data in, or retrieve data from a computer system;
(2)"Computer," an internally programmed, general purpose digital device capable of automatically accepting data, processing data and supplying the results of the operation;
(3)"Software," a series of coded instructions or statements in a form acceptable to a computer system, which causes the computer system to process data in order to achieve a certain result;
(4)"Computer system," includes any computer, computer network, other related device, data input and output and storage devices, and data communications links;
(5)"Computer network," a set of related, connected network electronics and communications links that allows any computer system to communicate with any other computer system;
(5A)"Data," digitized information in any form that may be accessed by a computer system, regardless of whether the information is in transmission or stored on a computer system, diskette, compact diskette, cd-rom, tape, or in any other medium;
(6)"Destroy," to make unusable, render inoperable, render unable to accept or process data, or supply results, render unable to perform data processing tasks or cause computer networks to be unable to transfer data between computer systems for any amount of time.
Source:
SL 1982, ch 300, §2; SL 1984, ch 282, §2; SL 2002, ch 109, §28.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43B - Computer Programs › Section 43-43B-3 - Penalties for unlawful use of computer systems.

43-43B-3. Penalties for unlawful use of computer systems.
Violations of the provisions of §43-43B-1 are punishable as follows:
(1)For a violation of subdivision (1), a Class 1 misdemeanor;
(2)For a violation of subdivision (2) or (3), a Class 6 felony;
(3)For a violation of subdivision (4), a Class 5 felony;
(4)For a violation of subdivision (5) or (6), a Class 4 felony;
(5)For a violation of subdivision (8) or (9), a Class 3 felony;
(6)For a violation of subdivision (7), a Class 2 felony.
Source:
SL 1982, ch 300, §4; SL 1984, ch 282, §3; SL 2002, ch 109, §29.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 43B - Computer Programs › Section 43-43B-8 - Venue for violations.

43-43B-8. Venue for violations.
For the purpose of venue under the provisions of this chapter, any violation of this chapter shall be considered to have been committed: in any county in which any act was performed in furtherance of any transaction violating this chapter; in any county in which any violator had control or possession of any proceeds of said violation or of any books, records, documents, property, financial instrument, computer software, computer program, or other material, objects or items which were used in any county from which, to which, or through which any access to a computer, computer system, or computer network was made whether by wires, electromagnetic waves, microwaves, or any other means of communication.
Source:
SL 1984, ch 282, §5.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 44 - Emblems Of Associations › Section 43-44-1 - Insignia of fraternal, historical, military, or labor organizations--Right of registration, alteration, or cancellation.

43-44-1. Insignia of fraternal, historical, military, or labor organizations--Right of registration, alteration, or cancellation.
Any association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge or auxiliary thereof, whether incorporated or unincorporated, the principles and activities of which are not repugnant to the Constitution and laws of the United States or this state, may register in the Office of the Secretary of State a facsimile, duplicate, or description of its name, badge, motto, button, decoration, charm, rosette, or other insignia hereinafter referred to as an emblem, and may, by reregistration alter or cancel the same.
Source:
SL 1933, ch 82, §1; SDC 1939, §51.0902.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 44 - Emblems Of Associations › Section 43-44-2 - Deceptive emblem--Registration forbidden.

43-44-2. Deceptive emblem--Registration forbidden.
No registration shall be granted, nor alteration permitted of any emblem so nearly resembling any other which has been theretofore registered, as to be calculated to deceive or mislead.
Source:
SL 1933, ch 82, §4; SDC 1939, §51.0904.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 44 - Emblems Of Associations › Section 43-44-3 - Application for registration of emblem--Officers authorized to make--Verification--Copies of emblem.

43-44-3. Application for registration of emblem--Officers authorized to make--Verification--Copies of emblem.
Application for registration of an emblem shall be made by the chief officer or officers of the association, lodge, order, fraternal society, beneficial association, or fraternal and beneficial society or association, historical, military, or veterans' organization, labor union, foundation, federation, or any other society, organization, or association, degree, branch, subordinate lodge or auxiliary thereof, upon blanks to be provided by the secretary of state. Applications for registration shall be verified and have attached thereto two copies of the emblem for which registration is sought.
Source:
SL 1933, ch 82, §2; SDC 1939, §51.0903.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 44 - Emblems Of Associations › Section 43-44-4 - False or fraudulent representation to procure filing and registration as misdemeanor.

43-44-4. False or fraudulent representation to procure filing and registration as misdemeanor.
Any person who makes a false or fraudulent representation to procure the filing and registration of any emblem as defined in this chapter is guilty of a Class 2 misdemeanor.
Source:
SDC 1939, §51.9904; SL 1983, ch 15, §16.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 44 - Emblems Of Associations › Section 43-44-5 - Application for registration, alteration, cancellation, or transfer of registration of emblem--Receipt and filing by secretary of state--Issuance of certificate--Indexing.

43-44-5. Application for registration, alteration, cancellation, or transfer of registration of emblem--Receipt and filing by secretary of state--Issuance of certificate--Indexing.
The secretary of state shall receive and file all applications under the provisions of this chapter, and shall issue a certificate of registration to the applicant, if the emblem is entitled to registration under the provisions of this chapter.
Applications for cancellation or alteration of registrations shall likewise be received and filed, and certificates thereof issued.
Assignments or other transfers of registrations shall likewise be received, and filed, and noted on the index of such registrations.
Source:
SL 1933, ch 82, §7; SDC 1939, §51.0905.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 44 - Emblems Of Associations › Section 43-44-6 - Fee for registration, alteration, or cancellation of certificate--Assignment and other fees.

43-44-6. Fee for registration, alteration, or cancellation of certificate--Assignment and other fees.
The fee of the secretary of state for filing the application and issuing certificate of registration, alteration, or cancellation shall be seventy-five dollars.
The fee for filing any assignment or other transfer of registration shall be ten dollars.
The fee for searches, certified copies, and other official acts of the secretary of state, required under the provisions of this chapter, shall be the same as provided by law for similar services except as otherwise specifically provided in this chapter.
Source:
SDC 1939, §51.0905; SL 2003, ch 8, §11; SL 2009, ch 4, §11.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 44 - Emblems Of Associations › Section 43-44-7 - Registration records--Indexing by secretary of state--Contents.

43-44-7. Registration records--Indexing by secretary of state--Contents.
The secretary of state shall keep a properly indexed record of all registrations provided for by this chapter, which record shall also show any altered or canceled registration, and any assignments or transfers thereof.
Source:
SL 1933, ch 82, §3; SDC 1939, §51.0905.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 44 - Emblems Of Associations › Section 43-44-8 - Prima facie evidence of right to exclusive use of registered emblem--Rights of prior owner not affected.

43-44-8. Prima facie evidence of right to exclusive use of registered emblem--Rights of prior owner not affected.
Registration under the provisions of this chapter shall be prima facie evidence of the right of the registrant to the exclusive use of the emblem registered, but it shall not affect the rights of any prior owner or proprietor of the emblem, who has established rights therein by prior, open, notorious, and exclusive use, and upon which prior use the said registered emblem is an infringement, counterfeit, or imitation, calculated to mislead or deceive.
Source:
SDC 1939, §51.0906.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 44 - Emblems Of Associations › Section 43-44-9 - Persons benefitted by registration of emblem.

43-44-9. Persons benefitted by registration of emblem.
The registration shall be for the benefit of the registrant and his successors, assigns, and persons using the same under his permission or license, express or implied, and according to the laws governing the succession, assignment, and use of personal property generally.
Source:
SL 1933, ch 82, §2; SDC 1939, §51.0906.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 44 - Emblems Of Associations › Section 43-44-10 - Unauthorized use or wearing of registered emblem--Classification of offense.

43-44-10. Unauthorized use or wearing of registered emblem--Classification of offense.
It is a petty offense for any person to use any emblem which has been registered under the provisions of this chapter, or one so nearly resembling it as to be calculated to deceive or mislead, unless he is entitled to wear or use it under the constitution, bylaws, rules, or regulations of the lodge, association, or organization registering the emblem. Any person who intentionally wears, exhibits, displays, or uses, for any purpose, the emblem of an association or organization registered under the provisions of this chapter, unless he is entitled to use and wear the same under the constitution, bylaws, rules, or regulations of such association or organization, is guilty of a Class 2 misdemeanor.
Source:
SL 1933, ch 82, §6; SDC 1939, §§51.0904, 51.9902; SL 1983, ch 15, §17.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 44 - Emblems Of Associations › Section 43-44-11 - Enjoining unlawful use of emblem of fraternal, historical, military, or labor organization--Right to damages.

43-44-11. Enjoining unlawful use of emblem of fraternal, historical, military, or labor organization--Right to damages.
Any person entitled to the use or benefits of any registered emblem may maintain an action in any court of competent jurisdiction to enjoin the unauthorized use of the same, or any infringement, counterfeit, or imitation thereof; and in such action may have judgment for injunction, damages, including profits acquired by the defendant, and order for destruction of all counterfeits or imitations, according to the rights of such person established in such action.
Source:
SDC 1939, §51.0907.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-1 - Scope of exemptions of personal property.

43-45-1. Scope of exemptions of personal property.
Except as hereinafter provided, the property mentioned in this chapter is exempt from attachment or mesne process, and from levy and sale on execution, and from any other final process issued from any court.
Source:
CCivP 1877, §322; CL 1887, §5126; RCCivP 1903, §344; RC 1919, §2657; SDC 1939, §51.1801.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-2 - Property absolutely exempt.

43-45-2. Property absolutely exempt.
The property mentioned in this section is absolutely exempt from all such process, levy, or sale, except as otherwise provided by law:
(1)All family pictures;
(2)A pew or other sitting in any house of worship;
(3)A lot or lots in any burial ground;
(4)The family Bible and all schoolbooks used by the family, and all other books used as a part of the family library, not exceeding in value two hundred dollars;
(5)All wearing apparel and clothing of the debtor and his family;
(6)The provisions for the debtor and his family necessary for one year's supply, either provided or growing, or both, and fuel necessary for one year;
(7)All property in this state of the judgment debtor if the judgment is in favor of any state for failure to pay that state's income tax on benefits received from a pension or other retirement plan while the judgment debtor was a resident of this state;
(8)Any health aids professionally prescribed to the debtor or to a dependant of the debtor;
(9)Any court ordered domestic support award of alimony, maintenance, or support of the debtor which is not a gross or lump sum and does not exceed seven hundred fifty dollars per month.
Source:
CCivP 1877, §323; CL 1887, §5127; SL 1890, ch 86, §1; RCCivP 1903, §345; RC 1919, §2658; SDC 1939, §51.1802; SL 1993, ch 329; SL 2013, ch 224, §1; SL 2014, ch 211, §1.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-3 - Homestead absolutely exempt--Extent of exemption when homestead sold or divided by court order.

43-45-3. Homestead absolutely exempt--Extent of exemption when homestead sold or divided by court order.
A homestead:
(1)As defined and limited in chapter 43-31, is absolutely exempt; or
(2)In the event such homestead is sold under the provisions of chapter 21-19, or is sold by the owner voluntarily, the proceeds of such sale, not exceeding the sum of sixty thousand dollars, is absolutely exempt for a period of one year after the receipt of such proceeds by the owner. If the homestead is divided by court order pursuant to §25-4-44 and a lien is imposed on the homestead for the benefit of the nonoccupant spouse pursuant to §25-4-42, absence from the homestead and loss of title to the homestead pursuant to the court order, does not constitute forfeiture of the homestead exemption and homestead protection shall attach to the judicial lien for a period of one year. Such exemption shall be limited to one hundred seventy thousand dollars for a homestead of a person seventy years of age or older or the unremarried surviving spouse of such person so long as it continues to possess the character of a homestead.
Source:
CCivP 1877, §323, subdiv 7; CL 1887, §5127, subdiv 7; SL 1890, ch 86, §1; RCCivP 1903, §345, subdiv 7; RC 1919, §2658 (7); SDC 1939, §51.1802; SL 1957, ch 267, §1; SL 1966, ch 153; SL 1978, ch 156, §8; SL 1980, ch 296, §3; SL 2005, ch 235, §1; SL 2009, ch 224, §1; SL 2015, ch 223, §4.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-4 - Additional property exemptions--Selection and appraisal.

43-45-4. Additional property exemptions--Selection and appraisal.
In addition to the property provided for in §§43-45-2 and 43-45-3, the debtor, if the head of a family, may, personally, or by agent or attorney, select from all other of the debtor's personal property, not absolutely exempt, goods, chattels, merchandise, money, or other personal property not to exceed in the aggregate seven thousand dollars in value; and, if not the head of a family, property as aforesaid of the value of five thousand dollars, which is also exempt, and which shall be chosen and appraised as provided by law.
Source:
SDC 1939, §51.1803; SL 1957, ch 267, §2; SL 1986, ch 361; SL 1990, ch 157, §8; SL 1991, ch 366, §1; SL 1998, ch 265, §1; SL 1998, ch 266, §1; SL 2013, ch 224, §2.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-6 - Proceeds of life insurance payable to estate of decedent--Rights of surviving spouse or minor children--Amount of exemption--Payment discharging insurer from liability.

43-45-6. Proceeds of life insurance payable to estate of decedent--Rights of surviving spouse or minor children--Amount of exemption--Payment discharging insurer from liability.
The proceeds of any insurance upon the life of any person residing in this state, at the time of his death and who leaves a surviving widow, husband, or minor child or children, payable upon his death to his estate or personal representative, and not assigned to any other person, shall, to any amount not exceeding ten thousand dollars, inure to the use of such surviving widow, husband, minor child or children; and such amount shall not be subject to the payment of any debt of such decedent, or of such surviving widow, husband, minor child or children. Whenever the proceeds of such insurance become payable and the insurer makes payment thereof to the personal representative of the estate of such person, such payment shall fully discharge the insurer from all claims under the policy or contract, and such insurer need not follow the distribution of such payment.
Source:
SL 1895, ch 89; RCCivP 1903, §348; RC 1919, §2661; SL 1923, ch 148; SDC 1939, §51.1805; SL 1959, ch 280; SL 1995, ch 167, §188.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-7 - Persons to whom exemptions do not apply.

43-45-7. Persons to whom exemptions do not apply.
Except those made absolute, the exemptions provided by this chapter do not apply to the following persons:
(1)To a nonresident;
(2)To a debtor who is in the act of removing with his family from the state;
(3)To a debtor who has absconded, taking with him his family;
(4)To a debtor for the necessaries of life, including only food, clothing, and fuel, provided for the debtor or his family;
(5)To a debtor for assistance or services furnished by the state to or on behalf of his children or spouse, by virtue of assignment of support rights to the state;
(6)To a debtor for child and spousal support obligations; or
(7)To a debtor for assistance or services furnished to the debtor by or through the Department of Social Services.
Source:
Subdivs. (1) to (3): CCivP 1877, §333; CL 1887, §5138; RCCivP 1903, §363; RC 1919, §2670; SDC 1939, §51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1991, ch 367. Subdiv. (4): CCivP 1877, §332; SL 1881, ch 34, §1; CL 1887, §5136; RCCivP 1903, §361; SL 1911, ch 150; RC 1919, §2668; omitted SDC 1939, §51.1808; SL 1943, ch 174; SL 1984, ch 283; SL 1986, ch 218, §61. Subdiv. (5): SL 1984, ch 283; SL 1986, ch 218, §61; SL 1991, ch 367. Subdiv. (6): SL 1986, ch 218, §61; SL 1991, ch 367. Subdiv. (7): SL 1991, ch 367.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-8 - Exemption not allowed for purchase money or construction costs.

43-45-8. Exemption not allowed for purchase money or construction costs.
No exemption shall be allowed any person against an attachment or execution issued for the purchase money of property or for the agreed or reasonable cost of the material furnished or labor performed in the original erection and construction of buildings thereon, claimed to be exempt, and on which such attachment or execution is levied.
Source:
SL 1883, ch 50, §1; CL 1887, §5137; RCCivP 1903, §362; SL 1903, ch 139; RC 1919, §2669; SL 1927, ch 115; SDC 1939, §51.1807.
2023 South Dakota Codified Laws › Title 43 - Property › Chapter 45 - Personal Property Exempt From Process › Section 43-45-9 - Debt incurred for property obtained under false pretenses--Allowance only of absolute exemptions.

43-45-9. Debt incurred for property obtained under false pretenses--Allowance only of absolute exemptions.
No exemptions, except the absolute exemptions, shall be allowed any person against an execution or other process issued upon a debt incurred for property obtained under false pretenses.
Source:
SL 1885, ch 55, §3; CL 1887, §5139; RCCivP 1903, §364; RC 1919, §2671; SDC 1939, §51.1809.