South Dakota Codified Laws 3-23-9. Removal of board member or other person from office or employment–Criminal penalties–Disgorgement–Voidable contract
Any person who knowingly violates §§ 3-23-6 to 3-23-8, inclusive, shall be removed from office or employment and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§ 3-23-6 to 3-23-8, inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A. No person described in § 3-23-6 who has submitted a good faith disclosure or request for authorization pursuant to § 3-23-8 may be convicted of a crime under this chapter. Any benefit to a person derived from the person’s knowing violation of §§ 3-23-6 to 3-23-8, inclusive, is subject to disgorgement . Any contract made in violation of §§ 3-23-6 to 3-23-8, inclusive, is voidable by the governing body of the local service agency, school district, or cooperative education service unit.
Attorney's Note
Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class 1 misdemeanor | up to 1 year | up to $2,00 |
Terms Used In South Dakota Codified Laws 3-23-9
- Contract: A legal written agreement that becomes binding when signed.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SL 2016, ch 33, § 9; SL 2017, ch 31, § 16; SL 2017, ch 74, § 3.