reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 32 - Burglary And Unlawful Entry › Section 22-32-3 - Second degree burglary--Felony.

22-32-3. Second degree burglary--Felony.
Any person who enters or remains in an occupied structure with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, under circumstances not amounting to first degree burglary, is guilty of second degree burglary. Second degree burglary is a Class 3 felony.
Source:
SDC 1939, §§13.3702 (1), 13.3705 (2); SDCL, §22-32-7; SL 1976, ch 158, §32-2; SL 1989, ch 200, §2; SL 2005, ch 120, §108.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 32 - Burglary And Unlawful Entry › Section 22-32-8 - Third degree burglary--Felony.

22-32-8. Third degree burglary--Felony.
Any person who enters or remains in an unoccupied structure, other than a motor vehicle, with intent to commit any crime, unless the premises are, at the time, open to the public or the person is licensed or privileged to enter or remain, is guilty of third degree burglary. Third degree burglary is a Class 5 felony.
Source:
SDC 1939, §§13.3703 (1), 13.3705 (3); SL 1941, ch 47; SDCL §22-32-10; SL 1976, ch 158, §32-3; SL 1989, ch 200, §3; SL 2005, ch 120, §109; SL 2013, ch 101, §62.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 32 - Burglary And Unlawful Entry › Section 22-32-15 - Nighttime defined.

22-32-15. Nighttime defined.
The term, nighttime, as used in this chapter, means the period between thirty minutes past sunset and thirty minutes before sunrise.
Source:
SDC 1939, §13.3708; SL 2005, ch 120, §110.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 32 - Burglary And Unlawful Entry › Section 22-32-17 - Possession of weapon or tools with intent to commit burglary--Felony.

22-32-17. Possession of weapon or tools with intent to commit burglary--Felony.
Any person who has in his or her possession any weapon or instrument specifically designed or adapted for the commission of a burglary or any explosive useful for the commission of a burglary, with the intent to commit a burglary, is guilty of a Class 6 felony.
Source:
SDC 1939, §13.3707; SL 1972, ch 141, §1; SL 1976, ch 158, §32-4; SL 2005, ch 120, §111.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 32 - Burglary And Unlawful Entry › Section 22-32-19 - Aggravated criminal entry of a motor vehicle--Felony.

22-32-19. Aggravated criminal entry of a motor vehicle--Felony.
Any person who forcibly enters a motor vehicle with intent to commit any crime in that motor vehicle is guilty of aggravated criminal entry of a motor vehicle. Aggravated criminal entry of a motor vehicle is a Class 6 felony.
Source:
SL 1993, ch 179; SL 2005, ch 120, §112.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 32 - Burglary And Unlawful Entry › Section 22-32-20 - Criminal entry of a motor vehicle--Misdemeanor.

22-32-20. Criminal entry of a motor vehicle--Misdemeanor.
Any person who enters a motor vehicle without the use of force or who remains in a motor vehicle after forming an intent to commit any crime in that motor vehicle is guilty of criminal entry of a motor vehicle. Criminal entry of a motor vehicle is a class 1 misdemeanor.
Source:
SL 2005, ch 120, §113.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 33 - Arson › Section 22-33-9.1 - First degree arson--Felony.

22-33-9.1. First degree arson--Felony.
Any person who starts a fire or causes an explosion with the intent to destroy any occupied structure of another is guilty of first degree arson. First degree arson is a Class 2 felony.
Source:
SL 2005, ch 120, §86.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 33 - Arson › Section 22-33-9.2 - Second degree arson--Felony.

22-33-9.2. Second degree arson--Felony.
Any person who starts a fire or causes an explosion with the intent to:
(1)Destroy any unoccupied structure of another; or
(2)Destroy or damage any property, whether his or her own or another's, to collect insurance for such loss;
is guilty of second degree arson. Second degree arson is a Class 4 felony.
Source:
SL 2005, ch 120, §87.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 33 - Arson › Section 22-33-9.3 - Reckless burning or exploding--Felony.

22-33-9.3. Reckless burning or exploding--Felony.
Any person who intentionally starts a fire or causes an explosion, whether on his or her own property or another's, and thereby recklessly:
(1)Places another person in danger of death or serious bodily injury; or
(2)Places a building or occupied structure of another in danger of damage or destruction;
is guilty of reckless burning or exploding. Reckless burning or exploding is a Class 4 felony.
Source:
SL 2005, ch 120, §88.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 33 - Arson › Section 22-33-9.4 - Failure to control or report dangerous fire--Misdemeanor.

22-33-9.4. Failure to control or report dangerous fire--Misdemeanor.
Any person who knows that a fire is endangering life or a substantial amount of property of another and fails to take reasonable measures to put out or control the fire, if such person can do so without substantial risk to himself or herself, or to give a prompt fire alarm, if:
(1)Such person knows that he or she is under an official, contractual, or other legal duty to prevent or combat the fire; or
(2)The fire was started, albeit lawfully, by or with the assent of himself or herself, or on property in his or her custody or control;
is guilty of failure to control or report a dangerous fire. Failure to control or report a dangerous fire is a Class 1 misdemeanor.
Source:
SL 2005, ch 120, §89.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 33 - Arson › Section 22-33-9.5 - Occupied structure defined.

22-33-9.5. Occupied structure defined.
For the purposes of chapter 22-33, the term, occupied structure, means any structure, vehicle, or place adapted for overnight accommodation of persons, or for carrying on business therein, whether or not a person is actually present. Property is that of another, for the purposes of this section, if anyone other than the actor has a possessory or proprietary interest in the property. If a building or structure is divided into separately occupied units, any unit not occupied by the actor is an occupied structure of another.
Source:
SL 2005, ch 120, §90.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 33 - Arson › Section 22-33-10 - Burning within a structure where person is lawfully confined--Felony.

22-33-10. Burning within a structure where person is lawfully confined--Felony.
Any person who intentionally and without authorization of the person in charge of a place of confinement, sets fire to, burns, or causes to be burned any material, object, or substance within a structure knowing there is lawfully confined therein any person, is guilty of a Class 6 felony.
Source:
SL 1981, ch 180; SL 2005, ch 120, §96.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 34 - Vandalism And Injuries To Property › Section 22-34-1 - Intentional damage to property--Degree of offense according to value.

22-34-1. Intentional damage to property--Degree of offense according to value.
Any person who, with specific intent to do so, injures, damages, or destroys:
(1)Public property without the lawful consent of the appropriate governing body having jurisdiction thereof; or
(2)Private property in which any other person has an interest, without the consent of the other person;
is guilty of intentional damage to property. Intentional damage to property is a Class 2 misdemeanor if the damage to property is four hundred dollars or less. Intentional damage to property is a Class 1 misdemeanor if the damage to property is one thousand dollars or less, but more than four hundred dollars. Intentional damage to property is a Class 6 felony if the damage to property is two thousand five hundred dollars or less, but more than one thousand dollars. Intentional damage to property is a Class 5 felony if the damage to property is five thousand dollars or less, but more than two thousand five hundred dollars. Intentional damage to property is a Class 4 felony if the damage to property is one hundred thousand dollars or less, but more than five thousand dollars. Intentional damage to property is a Class 3 felony if the damage to property is five hundred thousand dollars or less, but more than one hundred thousand dollars. Intentional damage to property is aggravated intentional damage to property if the damage to property is more than five hundred thousand dollars. Aggravated intentional damage to property is a Class 2 felony.
The provisions of this section do not apply if the intentional damage to property was accomplished by arson or reckless burning or exploding pursuant to chapter 22-33.
Source:
SDC 1939, §13.4501; SL 1967, ch 28; SL 1971, ch 159; SDCL Supp, §22-34-3.1; SL 1976, ch 158, §34-1; SL 1977, ch 189, §70; SL 1978, ch 158, §12; SL 1990, ch 164, §1; SL 2005, ch 120, §97; SL 2014, ch 111, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 34 - Vandalism And Injuries To Property › Section 22-34-1.1 - Aggregation of injuries, damages, or destruction permissible.

22-34-1.1. Aggregation of injuries, damages, or destruction permissible.
The injuries, damages, or destruction resulting from violations of §22-34-1 committed pursuant to one scheme or course of conduct may be aggregated to determine the degree of the offense regardless of whether such injuries, damage, or destruction affected the property of one or more persons.
Source:
SL 1990, ch 164, §2; SL 2005, ch 120, §98.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 34 - Vandalism And Injuries To Property › Section 22-34-27 - Throwing substance upon public ways or at vehicles as misdemeanor.

22-34-27. Throwing substance upon public ways or at vehicles as misdemeanor.
Any person who, with intent to cause damage, deposits, throws, or propels any substance upon any highway, roadway, runway, or railroad tracks, or at any vehicle while such vehicle is either in motion or stationary, is guilty of a Class 1 misdemeanor.
Source:
SL 1975, ch 168; SDCL Supp, §22-18-25; SL 1976, ch 158, §34-3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 34 - Vandalism And Injuries To Property › Section 22-34-28 - Substantial interruption or impairment--Utility Service--Critical Infrastructure--Violation as felony.

22-34-28. Substantial interruption or impairment--Utility Service--Critical Infrastructure--Violation as felony.
Any person who, by any means, knowingly damages or tampers with any property and, as a direct result:
(1)Causes a substantial interruption or impairment: in television, radio, telephone, telegraph, internet, or other mass communications service; in police, fire, or other public service communications; in radar, radio, or other electronic aids to air or marine navigation or communications; or in amateur or citizens band radio communications being used for public service or emergency communications;
(2)Causes a substantial interruption or impairment in:
(a)Public transportation;
(b)Water supply;
(c)Gas service;
(d)Electric service;
(e)Critical infrastructure facility; or
(f)Other utility service;
is guilty of a Class 6 felony, and, if such damage or tampering causes physical injury to another person, is guilty of a Class 4 felony.
Source:
SL 1976, ch 158, §34-4; SL 2005, ch 120, §101; SL 2020, ch 79, § 3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 34 - Vandalism And Injuries To Property › Section 22-34-30 - Determination as victim.

22-34-30  .  Determination as victim.
The owner, lessee, or operator, whether a natural or legal person, of a critical infrastructure facility if a crime is committed under §  22-35-5   or   22-34-28  , is a victim under chapters   23A-27  ,   23A-28  ,   23A-28  A,   23A-28  B, and   23A-28  C.
Source:  SL 2020, ch 79, § 4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 35 - Criminal Trespass › Section 22-35-5 - Criminal trespass--Violation as misdemeanor.

22-35-5. Criminal trespass--Violation as misdemeanor.
Any person who, knowing that he or she is not privileged to do so, enters or remains in any building or structure surreptitiously, or enters or remains in any critical infrastructure facility, is guilty of criminal trespass. Criminal trespass is a Class 1 misdemeanor.
Source:
SL 1976, ch 158, §35-1; SL 1984, ch 170, §2; SL 2005, ch 120, §289; SL 2020, ch 79, § 2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 35 - Criminal Trespass › Section 22-35-6 - Entering or refusing to leave property after notice--Misdemeanor.

22-35-6. Entering or refusing to leave property after notice--Misdemeanor.
Any person who, knowing that he or she is not privileged to do so, enters or remains in any place where notice against trespass is given by:
(1)Actual communication to the person who subsequently commits the trespass;
(2)Posting in a manner reasonably likely to come to the attention of trespassers; or
(3)Fencing or other enclosure which a reasonable person would recognize as being designed to exclude trespassers;
is guilty of a Class 2 misdemeanor. However, if such trespasser defies an order to leave, personally communicated to him or her by the owner of the premises or by any other authorized person, the trespasser is guilty of criminal trespass, which is a Class 1 misdemeanor.
Source:
SL 1976, ch 158, §35-2; SL 1977, ch 189, §71; SL 2005, ch 120, §290.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 35 - Criminal Trespass › Section 22-35-7 - Affirmative defenses to unlawful occupancy.

22-35-7. Affirmative defenses to unlawful occupancy.
It is an affirmative defense to prosecution under §22-35-5 or 22-35-6 that:
(1)The premises were at the time open to members of the public and the person complied with all lawful conditions imposed concerning access to or the privilege of remaining on the premises; or
(2)The person reasonably believed that the owner of the premises, or other person permitted to license access to the premises, would have permitted him or her to enter or remain.
Source:
SL 1976, ch 158, §35-3; SL 1977, ch 189, §72; SL 2005, ch 120, §291.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 35 - Criminal Trespass › Section 22-35-8 - Defiance of emergency management order restricting area--Misdemeanor.

22-35-8. Defiance of emergency management order restricting area--Misdemeanor.
If a person defies an order issued pursuant to chapter 34-48A not to enter an area defined in that chapter and a notice not to enter is posted, the person is guilty of criminal trespass. A violation of this section is a Class 1 misdemeanor.
Source:
SL 2017, ch 42, §5, eff. Mar. 13, 2017.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 36 - Public Nuisances › Section 22-36-1 - Nuisances for which punishment not otherwise prescribed--Failure to remove public nuisance--Misdemeanor.

22-36-1. Nuisances for which punishment not otherwise prescribed--Failure to remove public nuisance--Misdemeanor.
Any person who maintains or commits any public nuisance, the punishment for which is not otherwise prescribed, or who intentionally does not perform any legal duty relating to the removal of a public nuisance, is guilty of a Class 2 misdemeanor. However, if any person has been served with personal notice by a law enforcement agency concerning the condition of such person's property and that person fails to abate the public nuisance within sixty days of receipt of the personal notice, such person is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §13.1432; SL 1976, ch 158, §36-1; SL 2004, ch 145, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 39 - Forgery And Counterfeiting › Section 22-39-36 - Forgery--Felony.

22-39-36. Forgery--Felony.
Any person who, with intent to defraud, falsely makes, completes, or alters a written instrument of any kind, or passes any forged instrument of any kind is guilty of forgery. Forgery is a Class 5 felony.
Source:
SDC 1939, §§13.1243, 13.1248, 13.4101, 13.4104 to 13.4106, 13.4108 to 13.4112, 13.4114 to 13.4120, 13.4124; SDCL, §§4-10-12, 22-39-1 to 22-39-7, 22-39-11 to 22-39-14, 22-39-16 to 22-39-18, 22-39-20, 22-39-23 to 22-39-26, 22-39-29, 22-39-32; SL 1976, ch 158, §39-2; SL 2005, ch 120, §103.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 39 - Forgery And Counterfeiting › Section 22-39-38 - Possessing a forged instrument--Knowledge--Intent--Felony.

22-39-38. Possessing a forged instrument--Knowledge--Intent--Felony.
Any person who, with the intent to defraud, possesses any forged instrument with the knowledge that the instrument has been forged is guilty of possessing a forged instrument. Possessing a forged instrument is a Class 6 felony.
Source:
SDC 1939, §§13.4101 (2), (4), 13.4107; SDCL, §§22-39-11, 22-39-20, 22-39-27, 22-39-28; SL 1976, ch 158, §39-4; SL 2005, ch 120, §104.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-1 - Impersonation with intent to deceive law enforcement officer--Misdemeanor.

22-40-1. Impersonation with intent to deceive law enforcement officer--Misdemeanor.
No person may impersonate any other person, which includes offering a fictitious name or false date of birth, with intent to deceive a law enforcement officer. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor.
Source:
SDC 1939, §§13.4208, 13.4209; SDCL, §22-40-2; SL 1976, ch 158, §40-1; SL 1977, ch 189, §73; SL 1978, ch 158, §14; SL 2005, ch 120, §293; SL 2006, ch 129, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-8 - Identity theft--Felony.

22-40-8. Identity theft--Felony.
If any person, without the authorization or permission of another person and with the intent to deceive or defraud:
(1)Obtains, possesses, transfers, uses, attempts to obtain, or records identifying information not lawfully issued for that person's use; or
(2)Accesses or attempts to access the financial resources of that person through the use of identifying information;
such person commits the crime of identity theft. Identity theft committed pursuant to this section is a Class 6 felony.
Source:
SL 2000, ch 107, §1; SDCL, §22-30A-3.1; SL 2005, ch 120, §§80, 83.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-9 - Identifying information defined.

22-40-9. Identifying information defined.
For the purposes of §§22-40-8 to 22-40-10, inclusive, identifying information includes:
(1)Birth certificate or passport information;
(2)Driver's license numbers or tribal identification card information;
(3)Social security or other taxpayer identification numbers;
(4)Checking account numbers;
(5)Savings account numbers;
(6)Credit card numbers;
(7)Debit card numbers;
(8)Personal identification numbers, passwords, or challenge questions;
(9)User names or identifications;
(10)Biometric data; or
(11)Any other numbers, documents, or information which can be used to access another person's financial resources.
Source:
SL 2000, ch 107, §2; SDCL §22-30A-3.2; SL 2005, ch 120, §§81, 83; SL 2011, ch 13, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-10 - Physical presence in county not necessary to commission of identity theft.

22-40-10. Physical presence in county not necessary to commission of identity theft.
In any criminal proceeding brought pursuant to §22-40-8, the crime may be considered to have been committed in any county in which any part of the identity theft took place, regardless of whether the defendant was ever actually in such county.
Source:
SL 2000, ch 107, §3; SDCL, §22-30A-3.3; SL 2005, ch 120, §§82, 83.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-11 - Reencoder and scanning device defined.

22-40-11. Reencoder and scanning device defined.
Terms used in §§22-40-11 to 22-40-14, inclusive, mean:
(1)"Reencoder," any electronic device that places encoded information from the magnetic strip or stripe of a payment card or a computer chip embedded in a payment card onto the magnetic strip or stripe or computer chip of a different payment card;
(2)"Scanning device," any scanner, reader, or any other electronic device that is used to access, read, scan, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe or on a computer chip of a payment card.
Source:
SL 2003, ch 131, §1; SDCL §22-30A-8.2; SL 2005, ch 120, §§84, 85; SL 2019, ch 110, §4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-12 - Unauthorized use of scanning device on payment card--Felony.

22-40-12. Unauthorized use of scanning device on payment card--Felony.
A person is guilty of a Class 6 felony if the person directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card or encoded on a chip embedded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user's payment card, or a merchant.
Source:
SL 2003, ch 131, §2; SDCL §22-30A-8.3; SL 2005, ch 120, §85; SL 2019, ch 110, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-13 - Unauthorized use of reencoder on payment card--Felony.

22-40-13. Unauthorized use of reencoder on payment card--Felony.
A person is guilty of a Class 6 felony if the person directly or indirectly uses a reencoder to place information encoded on the magnetic strip or stripe of a payment card or encoded on a computer chip embedded on a payment card onto the magnetic strip or stripe or computer chip of a different payment card without the permission of the authorized user of the payment card from which the information is being reencoded, the issuer of the authorized user's payment card, or a merchant.
Source:
SL 2003, ch 131, §3; SDCL §22-30A-8.4; SL 2005, ch 120, §85; SL 2019, ch 110, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-14 - Ownership or possession of scanning device or reencoder with intent to obtain or alter payment card information without permission--Felony.

22-40-14. Ownership or possession of scanning device or reencoder with intent to obtain or alter payment card information without permission--Felony.
A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or a reencoder with the intent to use the scanning device or reencoder to obtain or alter information encoded or embedded on a payment card without the permission of the authorized user of the payment card, the issuer of the authorized user's payment card, or a merchant.
A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or reencoder with knowledge that a person other than an authorized user, the issuer of the authorized user's payment card, or a merchant intends to use the scanning device or reencoder to obtain information encoded or embedded on a payment card without the permission of the authorized user, the issuer of the authorized user's payment card, or any merchant.
Source:
SL 2003, ch 131, §4; SDCL §22-30A-8.5; SL 2005, ch 120, §85; SL 2019, ch 110, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-15 - Making or possessing forgery or counterfeiting devices--Felony.

22-40-15. Making or possessing forgery or counterfeiting devices--Felony.
Any person who:
(1)Makes or possesses, with knowledge of its character, any plate, die, or other device, apparatus, equipment, or article specifically designated for use in counterfeiting, unlawfully simulating, or otherwise forging, written instruments;
(2)Makes or possesses any device, apparatus, equipment, or article capable of or adaptable to a use specified in subdivision (1) of this section, with intent to use it or to aid or permit another to use it, for the purpose of forgery; or
(3)Possesses a genuine plate, die, or other device used in the production of written instruments, with intent to defraud;
is guilty of a Class 6 felony.
Source:
SDC 1939, §§13.4101 (2), 13.4123; SDCL, §§22-39-9, 22-39-11; SL 1976, ch 158, §39-3; SDCL, §22-39-37; SL 2005, ch 120, §105, 106.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-16 - Impersonation of officer, employee, firefighter, or person causing injury or fraud--Misdemeanor.

22-40-16. Impersonation of officer, employee, firefighter, or person causing injury or fraud--Misdemeanor.
Any person who intentionally impersonates any public officer or employee, civil or military, or any firefighter or any person having special authority by law to perform any act affecting the rights or interests of another, or assumes, without authority, any uniform or badge by which such officer, employee, firefighter, or person is usually distinguished, and in such assumed character does any act whereby another person is injured or defrauded, is guilty of a Class 1 misdemeanor.
Source:
SL 1976, ch 158, §11-24; SDCL, §22-11-8; SL 2005, ch 120, §§199, 200.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-17 - Impersonating a judicial official--Misdemeanor .

22-40-17. Impersonating a judicial official--Misdemeanor.
Any person who, without authority under the U.S. Constitution, federal law, or the constitution or laws of this state, acts as a supreme court justice, a circuit court judge, a magistrate judge, a lay magistrate, a clerk of court or deputy, a juror, or other official holding authority to determine a controversy or adjudicate the rights or interests of any other person, or signs a document in such capacity, is guilty of a Class 1 misdemeanor. It is no defense to a prosecution under this section that the judicial office that the person pretended to hold did not exist.
Source:
SL 1997, ch 45, §13; SDCL, §22-11-34; SL 2005, ch 120, §§230, 231.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-18 - Misuse of tribal identification card.

22-40-18. Misuse of tribal identification card.
No person may:
(1)Possess any cancelled, fictitious, fraudulently altered, or fraudulently obtained tribal identification card;
(2)Lend the person's tribal identification card to any other person or knowingly permit its use by another;
(3)Display or represent a tribal identification card not issued to the person as being the person's card;
(4)Photograph, duplicate, or in any way reproduce a tribal identification card or facsimile thereof in such a manner that it could be mistaken for a valid identification card;
(5)Use a tribal identification card that was obtained by false swearing, fraud, or false statement of any kind or in any form.
A violation of this section is a Class 1 misdemeanor.
Source:
SL 2011, ch 13, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-19 - Definition of terms in §§ 22-40-19 to 22-40-26.

22-40-19. Definition of terms in §§22-40-19 to 22-40-26.
Terms in §§22-40-19 to 22-40-26, inclusive, mean:
(1)"Breach of system security," the unauthorized acquisition of unencrypted computerized data or encrypted computerized data and the encryption key by any person that materially compromises the security, confidentiality, or integrity of personal or protected information maintained by the information holder. The term does not include the good faith acquisition of personal or protected information by an employee or agent of the information holder for the purposes of the information holder if the personal or protected information is not used or subject to further unauthorized disclosure;
(2)"Encrypted," computerized data that is rendered unusable, unreadable, or indecipherable without the use of a decryption process or key or in accordance with the Federal Information Processing Standard 140-2 in effect on January 1, 2018;
(3)"Information holder," any person or business that conducts business in this state, and that owns or licenses computerized personal or protected information of residents of this state;
(4)"Personal information," a person's first name or first initial and last name, in combination with any one or more of the following data elements:
(a)Social security number;
(b)Driver license number or other unique identification number created or collected by a government body;
(c)Account, credit card, or debit card number, in combination with any required security code, access code, password, routing number, PIN, or any additional information that would permit access to a person's financial account;
(d)Health information as defined in 45 CFR 160.103; or
(e)An identification number assigned to a person by the person's employer in combination with any required security code, access code, password, or biometric data generated from measurements or analysis of human body characteristics for authentication purposes.
The term does not include information that is lawfully made available to the general public from federal, state, or local government records or information that has been redacted, or otherwise made unusable; and
(5)"Protected information," includes:
(a)A user name or email address, in combination with a password, security question answer, or other information that permits access to an online account; and
(b)Account number or credit or debit card number, in combination with any required security code, access code, or password that permits access to a person's financial account;
(6)"Unauthorized person," any person not authorized to acquire or disclose personal information, or any person authorized by the information holder to access personal information who has acquired or disclosed the personal information outside the guidelines for access of disclosure established by the information holder.
Source:
SL 2018, ch 135, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-20 - Notice of breach of system security--Exception.

22-40-20. Notice of breach of system security--Exception.
Following the discovery by or notification to an information holder of a breach of system security an information holder shall disclose in accordance with §22-40-22 the breach of system security to any resident of this state whose personal or protected information was, or is reasonably believed to have been, acquired by an unauthorized person. A disclosure under this section shall be made not later than sixty days from the discovery or notification of the breach of system security, unless a longer period of time is required due to the legitimate needs of law enforcement as provided under §22-40-21. An information holder is not required to make a disclosure under this section if, following an appropriate investigation and notice to the attorney general, the information holder reasonably determines that the breach will not likely result in harm to the affected person. The information holder shall document the determination under this section in writing and maintain the documentation for not less than three years.
Any information holder that experiences a breach of system security under this section shall disclose to the attorney general by mail or electronic mail any breach of system security that exceeds two hundred fifty residents of this state.
Source:
SL 2018, ch 135, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-21 - Delay of notice that would impede criminal investigation.

22-40-21. Delay of notice that would impede criminal investigation.
A notification required under §22-40-20 may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. If the notification is delayed, the notification shall be made not later than thirty days after the law enforcement agency determines that notification will not compromise the criminal investigation.
Source:
SL 2018, ch 135, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-22 - Types of notice of breach of system security.

22-40-22. Types of notice of breach of system security.
A disclosure under §22-40-20 may be provided by:
(1)Written notice;
(2)Electronic notice, if the electronic notice is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. §7001 in effect as of January 1, 2018, or if the information holder's primary method of communication with the resident of this state has been by electronic means; or
(3)Substitute notice, if the information holder demonstrates that the cost of providing notice would exceed two hundred fifty thousand dollars, that the affected class of persons to be notified exceeds five hundred thousand persons, or that the information holder does not have sufficient contact information and the notice consists of each of the following:
(a)Email notice, if the information holder has an email address for the subject persons;
(b)Conspicuous posting of the notice on the information holder's website, if the information holder maintains a website page; and
(c)Notification to statewide media.
Source:
SL 2018, ch 135, §4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-23 - Notice of breach of system security in accordance with information holder's policies.

22-40-23. Notice of breach of system security in accordance with information holder's policies.
Notwithstanding §22-40-22, if an information holder maintains its own notification procedure as part of an information security policy for the treatment of personal or protected information and the policy is otherwise consistent with the timing requirements of this section, the information holder is in compliance with the notification requirements of §22-40-22 if the information holder notifies each person in accordance with the information holder's policies in the event of a breach of system security.
Source:
SL 2018, ch 135, §5.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-24 - Notice to consumer reporting agencies.

22-40-24. Notice to consumer reporting agencies.
If an information holder discovers circumstances that require notification pursuant to §22-40-20 the information holder shall also notify, without unreasonable delay, all consumer reporting agencies, as defined under 15 U.S.C. §1681a in effect as of January 1, 2018, and any other credit bureau or agency that compiles and maintains files on consumers on a nationwide basis, of the timing, distribution, and content of the notice.
Source:
SL 2018, ch 135, §6.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-25 - Prosecution for violations.

22-40-25. Prosecution for violations.
The attorney general may prosecute each failure to disclose under the provisions of §§22-40-19 to 22-40-26, inclusive, as a deceptive act or practice under §37-24-6. In addition to any remedy provided under chapter 37-24, the attorney general may bring an action to recover on behalf of the state a civil penalty of not more than ten thousand dollars per day per violation. The attorney general may recover attorney's fees and any costs associated with any action brought under this section.
Source:
SL 2018, ch 135, §7.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 40 - Identity Crimes › Section 22-40-26 - Notice of breach of system security in accordance with federal law.

22-40-26. Notice of breach of system security in accordance with federal law.
Notwithstanding any other provisions in §§22-40-19 to 22-40-26, inclusive, any information holder that is regulated by federal law or regulation, including the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191, as amended) or the Gramm Leach Bliley Act (15 U.S.C. §6801 et seq., as amended) and that maintains procedures for a breach of system security pursuant to the laws, rules, regulations, guidance, or guidelines established by its primary or functional federal regulator is deemed to be in compliance with this chapter if the information holder notifies affected South Dakota residents in accordance with the provisions of the applicable federal law or regulation.
Source:
SL 2018, ch 135, §8.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-2.1 - Written prescription required to dispense Schedule II substance--Refills prohibited--Felony.

22-42-2.1. Written prescription required to dispense Schedule II substance--Refills prohibited--Felony.
No person other than a practitioner who is not a pharmacist, may dispense a controlled drug or substance included in Schedule II to an ultimate user without the written prescription of a practitioner who is not a pharmacist. No prescription for a Schedule II drug or substance shall be refilled. A violation of this section is a Class 4 felony.
Source:
SL 1970, ch 229, §9 (k); SDCL, §39-17-83; SL 1977, ch 189, §80.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-2.2 - Oral prescription permitted for Schedule II substance under specified conditions.

22-42-2.2. Oral prescription permitted for Schedule II substance under specified conditions.
Notwithstanding §22-42-2.1, a pharmacist may dispense a controlled drug or substance included in Schedule II upon receipt of an oral prescription of a practitioner who is not a pharmacist, if the practitioner states that:
(1)Immediate administration of the controlled substance is necessary for proper treatment of the intended ultimate user;
(2)No appropriate alternative treatment is available, including administration of a drug which is not a controlled substance under Schedule II; and
(3)It is not reasonably possible for the prescribing practitioner to provide a written prescription to be presented to the person dispensing the substance prior to the dispensing, and the pharmacist reduces the prescription and the information contained in subdivisions (1) to (3) of this section to writing and retains it in conformance with §34-20B-39.
Source:
SL 1970, ch 229, §9 (k); SDCL Supp, §39-17-83; SL 1977, ch 189, §81.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-2.3 - Mitigating circumstances--Departure from mandatory sentence.

22-42-2.3. Mitigating circumstances--Departure from mandatory sentence.
The sentencing court may impose a sentence other than that which is required by §22-42-2 if the court finds that mitigating circumstances exist which require a departure from the mandatory sentence imposed by §22-42-2. The court's finding of mitigating circumstances allowed by this section and the factual basis relied upon by the court shall be in writing.
Source:
SL 1989, ch 201, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-2.4 - Conspiracy to commit violation of §22-42-2--Punishment same as provided under that section.

22-42-2.4. Conspiracy to commit violation of §22-42-2--Punishment same as provided under that section.
Notwithstanding subdivision 22-3-8(1), the punishment for conspiracy to commit a violation of §22-42-2 is the same as the punishment for violating §22-42-2.
Source:
SL 1989, ch 202.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-2.5 - Findings required for sentence imposed without regard to statutory minimum sentence.

22-42-2.5. Findings required for sentence imposed without regard to statutory minimum sentence.
For any offense under §22-42-4.3 or §22-42-2 where the opium derivative or opiate is listed as Schedule I or Schedule II under chapter 34-20B, the court shall impose a sentence without regard to any statutory minimum sentence, only if the court makes written findings that:
(1)The defendant does not have a prior conviction for a crime of violence as defined under subdivision 22-1-2(9);
(2)The defendant did not use violence or any credible threat of violence or possess a firearm or other dangerous weapon in connection with the offense;
(3)The defendant did not induce another participant to use violence or any credible threat of violence or possess a firearm or other dangerous weapon in connection with the offense;
(4)The defendant was not an organizer, leader, manager, or supervisor of any other participant in connection with the offense;
(5)The defendant truthfully provided to the state any information and evidence in connection with any offense that was part of the same course of conduct or of a common scheme or plan. The defendant shall provide any information before the time of sentencing, but if the defendant provides no relevant or useful information or if the state was previously aware of the information, the court may determine that the defendant has complied with the finding under this subdivision; and
(6)The offense did not result in death or serious bodily injury to any person.
Source:
SL 2018, ch 137, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-3 - Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences.

22-42-3. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule III substances as felony--Mandatory sentences.
Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule III; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule III; create or distribute a counterfeit substance listed in Schedule III; or possess with intent to distribute a counterfeit substance listed in Schedule III. A violation of this section is a Class 5 felony. However, the distribution of a substance listed in Schedule III to a minor is a Class 3 felony. A first conviction 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 under this section shall be punished by a mandatory state correctional facility or county jail sentence of at least one year, which sentence may not be suspended. However, a first conviction for distribution to a minor under this section shall be punished by a mandatory sentence in a state correctional facility or county jail of at least ninety days, 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 two years, which sentence may not be suspended. 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 (a) (1), (2), (b) (2); SL 1971, ch 225, §2; SDCL Supp, §§39-17-88, 39-17-89, 39-17-91; SL 1976, ch 158, §42-3; SL 1977, ch 189, §90; SL 1982, ch 179, §2; SL 1983, ch 178, §2; SL 1986, ch 185, §2; SL 2013, ch 101, §56; SL 2023, ch 82, §15.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-4 - Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences.

22-42-4. Unauthorized manufacture, distribution, counterfeiting or possession of Schedule IV substances as felony--Mandatory sentences.
Except as authorized by this chapter or chapter 34-20B, no person may manufacture, distribute, or dispense a controlled drug or substance listed in Schedule IV; possess with intent to manufacture, distribute, or dispense a substance listed in Schedule IV; create or distribute a counterfeit substance listed in Schedule IV; or possess with intent to distribute a counterfeit substance listed in Schedule IV. A violation of this section is a Class 6 felony. However, the distribution of a substance listed in Schedule IV to a minor is a Class 4 felony. A first conviction 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 under this section shall be punished by a mandatory state correctional facility or county jail sentence of at least one year, which sentence may not be suspended. 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. Notwithstanding any other provision of this section, a violation of this section with respect to distribution of Flunitrazepam to a minor is a Class 4 felony, but in all other cases under this section is a Class 5 felony.
Source: SL 1970, ch 229, §10 (a) (1), (2), (b) (3); SL 1973, ch 261; SDCL Supp, §§39-17-88, 39-17-89, 39-17-92; SL 1976, ch 158, §42-4; SL 1977, ch 189, §91; SL 1982, ch 179, §3; SL 1983, ch 178, §3; SL 1986, ch 185, §3; SL 1999, ch 174, §3; SL 2013, ch 101, §57; SL 2023, ch 82, §16.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-4.1 - Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony.

22-42-4.1. Prescription required to dispense Schedule III or Schedule IV substance--Refill restricted--Felony.
Except when dispensed directly by a practitioner, other than a pharmacist, to an ultimate user, no controlled drug or substance included in Schedule III or Schedule IV may be dispensed without a written or oral prescription. Such prescription may not be filled or refilled more than six months after the date thereof or be refilled more than five times after the date of the prescription, unless renewed by the practitioner. A violation of this section is a Class 5 felony.
Source:
SL 1970, ch 229, §9 (1); SL 1971, ch 224, §3; SDCL Supp, §§39-17-84, 39-17-85; SL 1974, ch 268, §1; SL 1977, ch 189, §82.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 42 - Controlled Substances And Marijuana › Section 22-42-4.2 - Schedule II, III, or IV substances to be distributed only for a medical purpose.

22-42-4.2. Schedule II, III, or IV substances to be distributed only for a medical purpose.
No controlled drug or substance included in Schedule II, III, or IV may be distributed or dispensed other than for a medical purpose.
Source:
SL 1970, ch 229, §9 (m); SDCL Supp, §39-17-85; SL 1977, ch 189, §83; SL 1980, ch 178.