South Dakota Codified Laws 47-31B-508. Criminal penalties
(a) Criminal penalties. It is a Class 4 felony for any person that willfully violates this chapter, or a rule adopted or order issued under this chapter, except § 47-31B-504 or the notice filing requirements of § 47-31B-302 or 47-31B-405, or that willfully violates § 47-31B-505 knowing the statement made to be false or misleading in a material respect. An individual convicted of violating a rule or order under this chapter may be fined, but may not be imprisoned, if the individual did not have knowledge of the rule or order. A subsequent violation is a Class 3 felony.
(b) Criminal reference not required. The Attorney General or the proper prosecuting attorney with or without a reference from the director, may institute criminal proceedings under this chapter.
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 3 felony | up to 15 years | up to $30,000 |
| Class 4 felony | up to 10 years | up to $20,000 |
Terms Used In South Dakota Codified Laws 47-31B-508
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
(c) No limitation on other criminal enforcement. This chapter does not limit the power of this state to punish a person for conduct that constitutes a crime under other laws of this state.
Source: SL 2004, ch 278, § 36; SL 2006, ch 130, § 17.