reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-4.3 - Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony--Mandatory sentences.

22-42-4.3. Unauthorized manufacture, distribution, counterfeiting, or possession of methamphetamine as felony--Mandatory sentences.
Except as authorized by this section or chapter 34-20B, no person may manufacture, distribute, or dispense more than five grams of methamphetamine, a methamphetamine analog or immediate precursor; possess with intent to manufacture, distribute, or dispense methamphetamine, a methamphetamine analog or immediate precursor; create or distribute a counterfeit of methamphetamine, a methamphetamine analog or immediate precursor; or possess with intent to distribute a counterfeit of methamphetamine, a methamphetamine analog or immediate precursor. A violation of this section is a Class 3 felony. However, a violation of this section is a Class 2 felony if the person is in possession of three or more of the following:
(1)Three hundred dollars or more in cash;
(2)A firearm, or other weapon pursuant to §§22-14-6, 22-14-15, 22-14-15.1, 22-14-15.3, and subdivision 22-1-2(8);
(3)Bulk materials used for the packaging of methamphetamine;
(4)Materials used to manufacture methamphetamine including recipes, precursor chemicals, laboratory equipment, lighting, ventilating or power generating equipment; or
(5)Drug transaction records or customer lists.
A first conviction under this section shall be punished by a mandatory sentence in a state correctional facility of at least one year, which sentence may not be suspended. A second or subsequent conviction under this section shall be punished by a mandatory sentence in a state correctional facility of at least ten years, which sentence may not be suspended.
The manufacture, distribution, or dispensing of methamphetamine, a methamphetamine analog or immediate precursor to a minor is a Class 1 felony. A first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least five years, which sentence may not be suspended. A second or subsequent conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility of at least fifteen years, which sentence may not be suspended.
Probation, suspended imposition of sentence, or suspended execution of sentence, may not form the basis for reducing the mandatory time of incarceration required by this section.
A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars. A conviction for the purposes of the mandatory sentence provisions of this chapter is the acceptance by a court of any plea, other than not guilty, including nolo contendere, or a finding of guilt by a jury or court.
Source: SL 2018, ch 137, §1; SL 2023, ch 82, §17.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-5 - Unauthorized possession of controlled drug or substance as felony.

22-42-5. Unauthorized possession of controlled drug or substance as felony.
No person may knowingly possess a controlled drug or substance unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner's professional practice or except as otherwise authorized by chapter 34-20B. A charge for unauthorized possession of controlled substance when absorbed into the human body as set forth in subdivision 22-42-1(1) shall only be charged under the provisions of §22-42-5.1. A violation of this section for a substance in Schedules I or II is a Class 5 felony. A violation of this section for a substance in Schedule III and IV is a Class 6 felony.
Source:
SL 1970, ch 229, §10 (c); SL 1971, ch 225, §3; SDCL Supp, §39-17-95; SL 1976, ch 158, §42-5; SL 1985, ch 186; SL 1998, ch 139, §1; SL 2013, ch 101, §58.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-5.1 - Unauthorized ingestion of controlled drug or substance as felony.

22-42-5.1. Unauthorized ingestion of controlled drug or substance as felony.
No person may knowingly ingest a controlled drug or substance or have a controlled drug or substance in an altered state in the body unless the substance was obtained directly or pursuant to a valid prescription or order from a practitioner, while acting in the course of the practitioner's professional practice or except as otherwise authorized by chapter 34-20B. A violation of this section for a substance in Schedules I or II is a Class 5 felony. A violation of this section for a substance in Schedules III or IV is a Class 6 felony.
Source:
SL 2013, ch 101, §54.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-6 - Possession of marijuana prohibited--Degrees according to amount.

22-42-6. Possession of marijuana prohibited--Degrees according to amount.
No person may knowingly possess marijuana. It is a Class 1 misdemeanor to possess two ounces of marijuana or less. It is a Class 6 felony to possess more than two ounces of marijuana but less than one-half pound of marijuana. It is a Class 5 felony to possess one-half pound but less than one pound of marijuana. It is a Class 4 felony to possess one to ten pounds of marijuana. It is a Class 3 felony to possess more than ten pounds of marijuana. A civil penalty may be imposed, in addition to any criminal penalty, upon a conviction of a violation of this section not to exceed ten thousand dollars.
Source:
SL 1970, ch 229, §10 (c); SL 1971, ch 225, §3; SL 1974, ch 269; SDCL Supp, §§39-17-95, 39-17-96; SL 1976, ch 158, §42-6; SL 1977, ch 189, §92; SL 1978, ch 158, §16; SL 1983, ch 179; SL 1985, ch 187; SL 1986, ch 185, §4; SL 1990, ch 166; SL 1998, ch 139, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-7 - Distribution or possession with intent to distribute specified amounts of marijuana.

22-42-7. Distribution or possession with intent to distribute specified amounts of marijuana.
The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana without consideration is a Class 1 misdemeanor; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana is a Class 6 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana is a Class 5 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana is a Class 4 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana is a Class 3 felony. The distribution, or possession with intent to distribute, of less than one-half ounce of marijuana to a minor without consideration is a Class 6 felony; otherwise, the distribution, or possession with intent to distribute, of one ounce or less of marijuana to a minor is a Class 5 felony. The distribution, or possession with intent to distribute, of more than one ounce but less than one-half pound of marijuana to a minor is a Class 4 felony. The distribution, or possession with intent to distribute, of one-half pound but less than one pound of marijuana to a minor is a Class 3 felony. The distribution, or possession with intent to distribute, of one pound or more of marijuana to a minor is a Class 2 felony. A first conviction of a felony under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least thirty days, which sentence may not be suspended. A second or subsequent conviction of a felony under this section shall be punished by a mandatory sentence of at least one year. Conviction of a Class 1 misdemeanor under this section shall be punished by a mandatory sentence in county jail of not less than fifteen days, which sentence may not be suspended. A civil penalty, not to exceed ten thousand dollars, may be imposed, in addition to any criminal penalty, upon a conviction of a felony violation of this section.
Source: SL 1970, ch 229, §10 (a) (1), (2), (b) (1); SL 1971, ch 225, §1; SDCL Supp, §§39-17-88 to 39-17-90; SL 1976, ch 158, §42-7; SL 1977, ch 189, §93; SL 1982, ch 179, §4; SL 1984, ch 171; SL 1986, ch 185, §5; SL 1998, ch 139, §3; SL 2003, ch 129, §1; SL 2008, ch 112, §1; SL 2023, ch 82, §18.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-8 - Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud.

22-42-8. Obtaining possession of controlled substance by theft, misrepresentation, forgery, or fraud.
Any person who knowingly obtains possession of a controlled drug or substance by theft, misrepresentation, forgery, fraud, deception, or subterfuge is guilty of a Class 4 felony.
Source:
SL 1970, ch 229, §10 (e) (3); SDCL Supp, §39-17-106; SL 1977, ch 189, §85; SL 1984, ch 239, §3; SL 1990, ch 167; SL 1998, ch 139, §4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-9 - Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony.

22-42-9. Manufacture, distribution, or possession of equipment for making counterfeit controlled substance as felony.
Any person who knowingly makes, distributes, or possesses any punch, die, plate, or other thing designed to print or reproduce the trademark, trade name, or other identifying mark of another on any drug, or container or label thereof so as to make such drug a counterfeit controlled drug or substance is guilty of a Class 5 felony.
Source:
SL 1970, ch 229, §10 (e) (5); SDCL Supp, §39-17-108; SL 1977, ch 189, §86.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-10 - Keeping place for use or sale of controlled substances as felony.

22-42-10. Keeping place for use or sale of controlled substances as felony.
Any person who keeps or maintains a place which is resorted to by persons using controlled drugs and substances for the purpose of using such substances, or which is used for the keeping or selling of such substances, is guilty of a Class 5 felony.
Source:
SL 1970, ch 229, §10 (d) (6); SDCL Supp, §39-17-102; SL 1977, ch 189, §84.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-11 - Inhabiting room where controlled substances illegally stored or used as misdemeanor.

22-42-11. Inhabiting room where controlled substances illegally stored or used as misdemeanor.
Any person who inhabits a room knowing that any controlled drug or substance is being illegally stored or used therein, is guilty of a Class 1 misdemeanor.
Source:
SL 1970, ch 229, §10 (j); SDCL Supp, §39-17-110; SL 1977, ch 189, §87.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-12 - Civil fine for violation of regulatory provisions--Additional fine remitted to drug abuse or rehabilitation program.

22-42-12. Civil fine for violation of regulatory provisions--Additional fine remitted to drug abuse or rehabilitation program.
Any person who violates any provision of §§22-42-2.1, 22-42-4.1, 22-42-4.2, and 22-42-10, is punishable by a civil fine of not more than ten thousand dollars. The court may, however, impose an additional fine of not more than ten thousand dollars, which shall be remitted to a drug abuse prevention and rehabilitation program authorized under §34-3B-1.
Source:
SL 1970, ch 229, §10 (d) (7); SDCL Supp, §39-17-103; SL 1977, ch 189, §119; SL 1978, ch 158, §17; SL 1995, ch 125.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-13 - Criminal penalties in addition to civil and administrative penalties.

22-42-13. Criminal penalties in addition to civil and administrative penalties.
Any penalty imposed for a violation of any provision of §§22-42-2 to 22-42-6, inclusive, or §§22-42-8 to 22-42-10, inclusive, shall be in addition to, and not in lieu of, any civil or administrative penalty or sanction authorized by law.
Source:
SL 1970, ch 229, §10 (g); SDCL Supp, §39-17-112; SL 1977, ch 189, §123.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-15 - Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation.

22-42-15. Ingesting substance, except alcoholic beverages, for the purpose of becoming intoxicated as misdemeanor--Venue for violation.
Any person who intentionally ingests, inhales, or otherwise takes into the body any substance, except alcoholic beverages as defined in §35-1-1, for purposes of becoming intoxicated, unless such substance is prescribed by a practitioner of the medical arts lawfully practicing within the scope of the practitioner's practice, is guilty of a Class 1 misdemeanor. The venue for a violation of this section exists in either the jurisdiction in which the substance was ingested, inhaled, or otherwise taken into the body or the jurisdiction in which the substance was detected in the body of the accused.
Source:
SL 1981, ch 182, §1; SL 1982, ch 180; SL 2001, ch 117, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-15.1 - Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor.

22-42-15.1. Possession, sale, or distribution of certain substances for the purpose of intoxication as misdemeanor.
Any person who possesses, possesses with intent to distribute, sells, or distributes a substance knowing that it is to be used in violation of §22-42-15 is guilty of a Class 1 misdemeanor.
Source:
SL 2011, ch 118, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-16 - Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony.

22-42-16. Delivery or manufacture of noncontrolled substance represented to be controlled substance as felony.
No person may deliver or possess with intent to deliver or knowingly manufacture any noncontrolled substance which the person represents to be a substance controlled under the provisions of this chapter. Any person who violates this section is guilty of a Class 6 felony.
Source:
SL 1981, ch 183; SL 1982, ch 181; SL 1982, ch 182; SL 1998, ch 139, §5.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-17 - Controlled substances obtained concurrently from different medical practitioners--Misdemeanor.

22-42-17. Controlled substances obtained concurrently from different medical practitioners--Misdemeanor.
Any person who knowingly obtains a controlled substance from a medical practitioner and who knowingly withholds information from that medical practitioner that he has obtained a controlled substance of similar therapeutic use in a concurrent time period from another medical practitioner is guilty of a Class 1 misdemeanor.
Source:
SL 1990, ch 168.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-18 - Definitions of terms used in §§22-42-19 to 22-42-21, inclusive.

22-42-18. Definitions of terms used in §§22-42-19 to 22-42-21, inclusive.
Terms used in §§22-42-19 to 22-42-21, inclusive, mean:
(1)"Playground," any outdoor facility, including any appurtenant parking lot, intended for recreation, open to the public, any portion of which contains apparatus intended for the recreation of children such as slides, swing sets, and teeterboards;
(2)"Video arcade facility," any facility legally accessible to persons under eighteen years of age, which provides for the use of pinball and video machines for amusement and which contains one or more such machines; and
(3)"Youth center," any recreational facility or gymnasium, including any appurtenant parking lot, intended primarily for use by persons under eighteen years of age, which regularly provides athletic, civic, or cultural activities.
Source:
SL 1992, ch 168, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-19 - Drug free zones created--Violation as felony--Sentence--Defense.

22-42-19. Drug free zones created--Violation as felony--Sentence--Defense.
Any person who commits a violation of §22-42-2, 22-42-3, or 22-42-4, or a felony violation of §22-42-7, if such activity has taken place:
(1)In, on, or within one thousand feet of real property comprising a public or private elementary or secondary school or a playground; or
(2)In, on, or within five hundred feet of real property comprising a public or private youth center, public swimming pool, or video arcade facility; is guilty of a Class 4 felony. The sentence imposed for a conviction under this section carries a minimum sentence of imprisonment in a state correctional facility of five years. Any sentence imposed under this section shall be consecutive to any other sentence imposed for the principal felony. The court may not place on probation, suspend the execution of the sentence, or suspend the imposition of the sentence of any person convicted of a violation of this section. However, the sentencing court may impose a sentence other than that specified in this section if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence provided for in this section. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing.
It is not a defense to the provisions of this section that the defendant did not know the distance involved. It is not a defense to the provisions of this section that school was not in session.
Source: SL 1992, ch 168, §2; SL 1998, ch 140, §1; SL 2023, ch 82, §19.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-20 - Violation of drug-free zones as separate count in indictment.

22-42-20. Violation of drug-free zones as separate count in indictment.
A violation of §22-42-19 shall be charged in the indictment or information as a separate count in addition to the principal felony charged to have been committed.
Source:
SL 1992, ch 168, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-21 - Lack of knowledge as to age of minor not a defense.

22-42-21. Lack of knowledge as to age of minor not a defense.
It is not a defense to the provisions of this chapter regarding distribution of a controlled substance or marijuana to a minor that the defendant did not know that the recipient was a minor, even if such lack of knowledge was reasonable.
Source:
SL 1992, ch 168, §4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-22 - Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor.

22-42-22. Possession of Salvia divinorum or salvinorin A prohibited--Felony or misdemeanor.
No person may knowingly possess Salvia divinorum or salvinorin A. It is a Class 1 misdemeanor to possess two ounces or less of Salvia divinorum or salvinorin A. It is a Class 6 felony to possess more than two ounces of Salvia divinorum or salvinorin A.
Source:
SL 2009, ch 119, §1, eff. Mar. 10, 2009.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-23 - Controlled Substance--Pregnancy--Assault.

22-42-23  .  Controlled Substance--Pregnancy--Assault.
If a woman who was pregnant at the time of an alleged violation of §  22-42-5   or   22-42-5  .1 provides evidence that she:
(1) Received adequate prenatal care from a licensed health care professional during her pregnancy;
(2) Actively enrolled in an addiction recovery program before the child was born;
(3) Remained in the program after delivery; and
(4) Completed the addiction recovery program,
the state shall dismiss the charge.
Source:  SL 2020, ch 88, § 1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-24 - Driver--Use of marijuana--Motor vehicle--Misdemeanor.

22-42-24. Driver--Use of marijuana--Motor vehicle--Misdemeanor.
While a motor vehicle is located upon a public highway or the right-of-way of a public highway, it is a Class 2 misdemeanor if any person operating or in actual physical control of a motor vehicle smokes or consumes marijuana or marijuana concentrate while the vehicle is being operated. For purposes of this section and §22-42-25, marijuana concentrate is the resin extracted from any part of a marijuana plant and every compound, manufacture, salt, derivative, mixture, or preparation from such resin.
Source:
SL 2021, ch 100, § 1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-25 - Passenger--Use of marijuana--Motor vehicle--Misdemeanor.

22-42-25. Passenger--Use of marijuana--Motor vehicle--Misdemeanor.
While a motor vehicle is located upon a public highway or the right-of-way of a public highway, it is a Class 2 misdemeanor if any person occupying a motor vehicle smokes marijuana or marijuana concentrate while the vehicle is being operated.
Source:
SL 2021, ch 100, § 2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42A - Drug Paraphernalia › Section 22-42A-2 - Factors considered in determining whether an object is drug paraphernalia.

22-42A-2. Factors considered in determining whether an object is drug paraphernalia.
In determining whether an object is drug paraphernalia as defined in §22-42A-1, a court or other authority shall consider, in addition to all other logically relevant factors, the following:
(1)Statements by an owner or by anyone in control of the object concerning its use;
(2)The proximity of the object, in time and space, to a direct violation of this article;
(3)The proximity of the object to controlled substances or marijuana;
(4)The existence of any residue of controlled substances or marijuana on the object;
(5)Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to any person whom he knows, or should reasonably know, intends to use the object to facilitate a violation of this article;
(6)Instructions, oral or written, provided with the object concerning its use;
(7)Descriptive materials accompanying the object which explain or depict its use;
(8)National and local advertising concerning its use;
(9)The manner in which the object is displayed for sale;
(10)Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community;
(11)Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise;
(12)The existence and scope of legitimate uses for the object in the community; and
(13)Expert testimony concerning its use.
Source:
SL 1983, ch 180, §2; SL 1984, ch 172, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42A - Drug Paraphernalia › Section 22-42A-3 - Use or possession of drug paraphernalia as misdemeanor.

22-42A-3. Use or possession of drug paraphernalia as misdemeanor.
No person, knowing the drug related nature of the object, may use or to possess with intent to use, drug paraphernalia to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body any controlled substance or marijuana in violation of this chapter. Any person who violates any provision of this section is guilty of a Class 2 misdemeanor.
Source:
SL 1983, ch 180, §3; SL 1984, ch 172, §3; SL 1998, ch 139, §6.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42A - Drug Paraphernalia › Section 22-42A-4 - Delivery of drug paraphernalia as felony.

22-42A-4. Delivery of drug paraphernalia as felony.
No person, knowing the drug related nature of the object, may deliver, possess with intent to deliver, or manufacture with intent to deliver, drug paraphernalia, knowing, or under circumstances where one reasonably should know, that it will be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, conceal, inject, ingest, inhale, or otherwise introduce into the human body a controlled substance or marijuana in violation of this chapter. Any person who violates any provision of this section is guilty of a Class 6 felony.
Source:
SL 1983, ch 180, §4; SL 1984, ch 172, §4; SL 1998, ch 139, §7.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 43 - Commercial Bribery › Section 22-43-1 - Commercial bribery--Misdemeanor.

22-43-1. Commercial bribery--Misdemeanor.
Any person who confers, or agrees to confer, directly or indirectly, any benefit upon any employee, agent, or fiduciary without the consent of the latter's employer or principal, with intent to influence the employee's, agent's, or fiduciary's conduct in relation to that person's employer's or principal's affairs, is guilty of commercial bribery. Commercial bribery is a Class 1 misdemeanor.
Source:
SL 1980, ch 173, §6; SL 2005, ch 120, §296.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 43 - Commercial Bribery › Section 22-43-2 - Receiving a commercial bribe--Misdemeanor.

22-43-2. Receiving a commercial bribe--Misdemeanor.
Any employee, agent, or fiduciary who, without consent of that person's employer or principal, solicits, accepts, or agrees to accept any benefit, directly or indirectly, from another person upon an agreement or understanding that such benefit will influence his or her conduct in relation to that person's employer's or principal's affairs, is guilty of receiving a commercial bribe. Receiving a commercial bribe is a Class 1 misdemeanor.
Source:
SL 1980, ch 173, §7; SL 2005, ch 120, §297.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 44 - Cable Television And Multipoint Distribution Systems › Section 22-44-1 - Obstruction of community antenna television system transmissions as misdemeanor.

22-44-1. Obstruction of community antenna television system transmissions as misdemeanor.
No person may intentionally prevent or obstruct the transmission, distribution, or receipt of programming material carried by the equipment of a community antenna television system. A violation of this section is a Class 2 misdemeanor.
Source:
SL 1984, ch 173, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 44 - Cable Television And Multipoint Distribution Systems › Section 22-44-2 - Equipment for receiving services without payment--Installation or possession as misdemeanor.

22-44-2. Equipment for receiving services without payment--Installation or possession as misdemeanor.
No person may knowingly install, maintain, or possess any equipment, device, or instrument designed, intended, or used solely for the purpose of unlawfully facilitating the interception, decoding, or receipt of the services of any community antenna television system, multipoint distribution system, multichannel multipoint distribution system, or any programming service delivered by satellite with intent to allow any person to obtain such service and avoid the lawful payment of the charges therefor. A violation of this section is a Class 2 misdemeanor. A subsequent violation of this section is a Class 1 misdemeanor.
Source:
SL 1984, ch 173, §2; SL 1990, ch 169, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 44 - Cable Television And Multipoint Distribution Systems › Section 22-44-2.1 - Manufacture, sale, or distribution of equipment for receiving service without payment as misdemeanor.

22-44-2.1. Manufacture, sale, or distribution of equipment for receiving service without payment as misdemeanor.
No person may knowingly manufacture, sell, offer for sale, or distribute any equipment, device, or instrument designed, intended, or used solely for the purpose of unlawfully facilitating the interception, decoding, or receipt of the services of any community antenna television system, multipoint distribution system, multichannel multipoint distribution system, or any programming service delivered by satellite with intent to allow any person to obtain such service and avoid the lawful payment of the charges therefor. A violation of this section is a Class 1 misdemeanor.
Source:
SL 1990, ch 169, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 44 - Cable Television And Multipoint Distribution Systems › Section 22-44-3 - Seizure of equipment.

22-44-3. Seizure of equipment.
Any equipment, device, or instrument possessed in violation of §22-44-2 may be seized as contraband after a conviction of the owner or possessor of the equipment for a violation of this chapter.
Source:
SL 1984, ch 173, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 44 - Cable Television And Multipoint Distribution Systems › Section 22-44-4 - Multipoint distribution system and multichannel multipoint distribution system defined.

22-44-4. Multipoint distribution system and multichannel multipoint distribution system defined.
Multipoint distribution system and multichannel multipoint distribution system mean a subscription television, audio, or other data service, using the 2.5 gigahertz frequency band and the receiving device or decoder which is necessary for reception of the services provided by the system.
Source:
SL 1984, ch 173, §4; SL 1990, ch 169, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program › Section 22-45-1 - Definition of terms.

22-45-1. Definition of terms.
Terms as used in this chapter mean:
(1)"Benefit," any benefit authorized under the medical services program of the State Department of Social Services;
(2)"Claim," any communication, whether oral, written, electronic, or magnetic, which is utilized to identify a good, item, or service as reimbursable under the program;
(3)"Person," any individual, corporation, limited liability company, partnership, association, or other legal entity;
(4)"Program," the medical assistance program authorized by Title XIX of the Federal Social Security Act and implemented by the medical services program of the State Department of Social Services;
(5)"Provider," any person who has applied to participate or who participates in the program as a provider of a good or a service;
(6)"Recipient," any individual who receives benefits under the program;
(7)"Records," any medical, professional, or business records relative to the treatment or care of any recipient, or to a good or a service provided to any such recipient, or to rates paid for such a good or a service, and any records required to be kept by regulations of the program;
(8)"Sign," to affix a signature directly or indirectly by means of handwriting, typewriter, signature stamp, computer impulse, or other means; and
(9)"Single state agency," the state agency which administers the program, or any person who by virtue of a contract or agreement with the state administers any part of the program, or processes or pays claims for the program.
Source:
SL 1986, ch 187, §1; SL 1994, ch 351, §42.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program › Section 22-45-2 - Action by which claimant commits an offense--Violation a felony.

22-45-2. Action by which claimant commits an offense--Violation a felony.
A person commits an offense if he:
(1)Makes or causes to be made a claim, knowing the claim to be false, in whole or in part, by commission or omission; or
(2)Makes or causes to be made a statement or representation for use in obtaining or seeking to obtain authorization to provide a good or a service, knowing the statement or representation to be false, in whole or in part, by commission or omission; or
(3)Makes or causes to be made a statement or representation for use by another in obtaining a good or a service under the program, knowing the statement or representation to be false, in whole or in part, by commission or omission; or
(4)Makes or causes to be made a statement or representation for use in qualifying as a provider of a good or a service under the program, knowing the statement or representation to be false, in whole or in part, by commission or omission.
A violation of this section is a Class 5 felony.
Source:
SL 1986, ch 187, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program › Section 22-45-3 - Application to participate as provider--Perjury for submitting false statements--Violation a felony.

22-45-3. Application to participate as provider--Perjury for submitting false statements--Violation a felony.
Each application to participate as a provider in the program, each report stating income or expense upon which rates of payment are or may be based, and each invoice for payment for a good or a service provided to the recipient shall contain a statement that all matters stated therein are true and accurate, signed by the individual responsible for the provider, under the penalty of perjury. A person commits perjury if he signs or submits, or causes to be signed or submitted, such a statement, and he knows, or should have known, that the application, report, or invoice containing information is false, in whole or in part, by commission or omission. A violation of this section is a Class 5 felony.
Source:
SL 1986, ch 187, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program › Section 22-45-4 - Action of person aiding provider with goods or services or referring individuals to provider for which additional value received an offense--Violation a felony.

22-45-4. Action of person aiding provider with goods or services or referring individuals to provider for which additional value received an offense--Violation a felony.
A person commits an offense if he:
(1)Acting on behalf of a provider, purchases or leases goods, services, materials, or supplies for which payment may be made, in whole or in part, under the program and solicits or accepts anything of additional value in return for or in connection with such purchase or lease; or
(2)Sells or leases to or for the use of provider, goods, services, materials, or supplies for which payment may be made, in whole or in part, under the program, and offers, transfers, or pays anything of additional value in connection with or in return for such sale or lease; or
(3)Refers an individual to a provider for the provision of a good or a service for which payment may be made, in whole or in part, under the program, and solicits or accepts anything of value in connection with such referral.
It is an exception to subdivisions (1) and (2) of this section that the additional value transferred is a refund or discount made in the ordinary course of business and reflected by the books and records of the individual, corporation, or association.
A violation of this section is a Class 5 felony.
Source:
SL 1986, ch 187, §4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program › Section 22-45-5 - Offense of acceptance of amount in addition to amount legally payable under program--Violation a felony.

22-45-5. Offense of acceptance of amount in addition to amount legally payable under program--Violation a felony.
A person commits an offense if he, acting on behalf of a provider providing a good or a service to a recipient under the program, charges, solicits, accepts, or receives anything of additional value in addition to the amount legally payable under the program in connection with a provision of such a good or a service.
A violation of this section is a Class 5 felony.
Source:
SL 1986, ch 187, §5.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program › Section 22-45-6 - Failure to keep necessary records upon which claim is based--Violation a misdemeanor.

22-45-6. Failure to keep necessary records upon which claim is based--Violation a misdemeanor.
A person commits an offense if he:
(1)Having submitted a claim for or received payment for a good or a service under the program, intentionally fails to maintain such records as are necessary to disclose fully the nature of all a good or a service for which a claim was submitted or payment was received, or such records as are necessary to disclose fully all income and expenditures upon which rates of payment were based, for a period of at least six years following the date on which payment was received; or
(2)Knowingly destroys such records within six years from the date payment was received.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 1986, ch 187, §6.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program › Section 22-45-7 - Liability for receipt of payment by person not entitled thereto.

22-45-7. Liability for receipt of payment by person not entitled thereto.
Any person who receives payment for furnishing a good or a service under the program, which the person is not entitled to receive by reason of offenses under §§22-45-2 to 22-45-6, inclusive, may in addition to any other penalties provided by law, be liable for civil penalties of:
(1)Payment of interest on the amount of the excess payment at the rate provided for pursuant to the official state interest rates under §54-3-16, category B, from the date upon which payment was made to the date upon which repayment is made to the program; and
(2)Payment of up to three times the amount of damages sustained, including the cost of investigation and litigation; and
(3)Payment in the sum of two thousand dollars for each false or fraudulent claim, statement, or representation submitted for providing a good or a service.
A criminal action need not be brought against the person for liability to attach under this section.
Source:
SL 1986, ch 187, §7.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program › Section 22-45-8 - Suspension or exclusion from participation as provider of person convicted of committing offense.

22-45-8. Suspension or exclusion from participation as provider of person convicted of committing offense.
Any person providing a good or a service under the program who has been determined to have committed an offense under §§22-45-2 to 22-45-7, inclusive, may be suspended or excluded from participation as a provider or an employee of a provider for a period to be determined by the single-state agency. A criminal action need not be brought against the person before suspension or exclusion under this section.
Source:
SL 1986, ch 187, §8.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program › Section 22-45-9 - Access to records by attorney general, state medicaid control unit, and grand jury.

22-45-9. Access to records by attorney general, state medicaid control unit, and grand jury.
The attorney general and the state medicaid fraud control unit, upon reasonable request, and the grand jury, upon subpoena therefore, shall have full access to all records held by a provider or by any other person on his behalf, which could be relevant in any manner to the determination of the existence of offenses under §§22-45-2 to 22-45-6, inclusive, or related crimes, or the existence of patient abuse, mistreatment or neglect, or the theft of patient funds.
Upon issuance of a summons for such records, the grand jury shall take possession of the records for use by the grand jury and the attorney general in the investigation of offenses under this chapter and related crimes.
In examining such records, the attorney general and grand jury shall safeguard the privacy rights of recipients, avoiding unnecessary disclosure of personal information concerning named recipients. However, the attorney general may transmit such information as he deems appropriate to the single-state agency and to other agencies concerned of the regulation of health facilities or health professionals.
No persons holding such records may refuse to provide the attorney general or the grand jury with access to such records for the purposes described in this chapter on the basis that release would violate any recipient's right of privacy, any recipient's privileges against disclosure or use, or any professional or other privilege right.
Source:
SL 1986, ch 187, §9.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program › Section 22-45-10 - Use of other civil or criminal remedy not precluded.

22-45-10. Use of other civil or criminal remedy not precluded.
The provisions of this chapter are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy.
Source:
SL 1986, ch 187, §10.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 45 - Unlawfully Obtaining Benefits Or Payments From Medical Assistance Program › Section 22-45-11 - Limitation on civil action.

22-45-11. Limitation on civil action.
No civil action may be brought under this chapter more than six years after the cause of action accrues.
Source:
SL 1986, ch 187, §11.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-1 - Definition of terms.

22-46-1. Definition of terms.
Terms used in this chapter mean:
(1)"Adult with a disability," a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect himself or herself or provide for his or her own care;
(2)"Caretaker," a person or entity who is entrusted with the property of an elder or adult with a disability, or who is responsible for the health or welfare of an elder or adult with a disability, and who assumes the position of trust or responsibility voluntarily, by contract, by receipt of payment, or by order of the court;
(3)"Elder," a person sixty-five years of age or older;
(4)"Emotional and psychological abuse," a caretaker's willful, malicious, and repeated infliction of:
(a)A sexual act or the simulation of a sexual act directed at and without the consent of the elder or adult with a disability that involves nudity or is obscene;
(b)Unreasonable confinement;
(c)Harm or damage or destruction of the property of an elder or adult with a disability, including harm to or destruction of pets; or
(d)Ridiculing or demeaning conduct, derogatory remarks, verbal harassment, or threats to inflict physical or emotional and psychological abuse, directed at an elder or adult with a disability;
(5)"Exploitation," the wrongful taking or exercising of control over property of an elder or adult with a disability with intent to defraud the elder or adult with a disability;
(6)"Neglect," harm to the health or welfare of an elder or an adult with a disability, without reasonable medical justification, caused by a caretaker, within the means available for the elder or adult with a disability, including the failure to provide adequate food, clothing, shelter, or medical care; and
(7)"Physical abuse," physical harm, bodily injury, attempt to cause physical harm or injury, or fear of imminent physical harm or bodily injury.
Source:
SL 1986, ch 186, §1; SL 1990, ch 171, §1; SL 2005, ch 120, §339; SL 2007, ch 147, §1; SL 2013, ch 125, §4; SL 2016, ch 120, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-1.1 - Neglect--Exclusions from definition.

22-46-1.1. Neglect--Exclusions from definition.
For the purposes of this chapter, the term, neglect, does not include a decision that is made to not seek medical care for an elder or disabled adult upon the expressed desire of the elder or disabled adult; a decision to not seek medical care for an elder or disabled adult based upon a previously executed declaration, do-not-resuscitate order, or a power of attorney for health care; a decision to not seek medical care for an elder or disabled adult if otherwise authorized by law; or the failure to provide goods and services outside the means available for the elder or disabled adult.
Source:
SL 2007, ch 147, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-2 - Abuse or neglect of elder or adult with a disability--Felony or misdemeanor.

22-46-2. Abuse or neglect of elder or adult with a disability--Felony or misdemeanor.
Any person who physically abuses or neglects an elder or adult with a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony.
Any person who emotionally or psychologically abuses an elder or adult with a disability is guilty of a Class 1 misdemeanor.
Source:
SL 1986, ch 186, §2; SL 1990, ch 171, §2; SL 2005, ch 120, §341; SL 2007, ch 147, §3; SL 2016, ch 120, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-3 - Theft by exploitation--Penalty.

22-46-3. Theft by exploitation--Penalty.
Any person who, having assumed the duty voluntarily, by written contract, by receipt of payment for care, or by order of a court to provide for the support of an elder or an adult with a disability, and having been entrusted with the property of that elder or adult with a disability, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of that person's trust, is guilty of theft by exploitation. Theft by exploitation is punishable as theft pursuant to chapter 22-30A.
Source:
SL 1986, ch 186, §3; SL 1989, ch 30, §53; SL 2005, ch 120, §342; SL 2007, ch 147, §4; SL 2016, ch 120, §21.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-5 - Investigation of report of abuse, neglect or exploitation.

22-46-5. Investigation of report of abuse, neglect or exploitation.
The person or agency that receives, pursuant to §22-46-7, a report of abuse, neglect, or exploitation of an elder or adult with a disability shall also forward the report to the Office of the Attorney General, if the person or agency determines that reasonable suspicion exists to support further investigation. In investigating a violation of this chapter, law enforcement agencies shall cooperate with and assist the Department of Human Services. Upon receiving a report made pursuant to this chapter, the law enforcement agency shall evaluate whether a criminal investigation is appropriate.
Source:
SL 1990, ch 171, §4; SL 2016, ch 120, §24; SL 2017, ch 230 (Ex. Ord. 17-1), §22, eff. Apr. 13, 2017.