South Dakota Codified Laws 61-6-40. Obtaining or attempting to obtain benefits by misrepresentation as misdemeanor or felony–Aggregation of benefits obtained to determine degree of offense
Current as of: 2023 | Check for updates
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A person who attempts to obtain benefits or payments in violation of § 61-6-38, but does not obtain any benefits or payments, or a person who violates § 61-6-38 and obtains benefits or payments in an amount of two hundred dollars or less, is guilty of a Class 1 misdemeanor. A person who violates § 61-6-38 and obtains benefits or payments of more than two hundred dollars is guilty of a Class 6 felony. Benefits or payments obtained during the course of a twelve month period are aggregated in determining the degree of the offense.
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 6 felony | up to 2 years | up to $4,000 |
| Class 1 misdemeanor | up to 1 year | up to $2,00 |
Terms Used In South Dakota Codified Laws 61-6-40
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SL 1979, ch 348, § 11; SDCL § 61-6-24.1; SL 2012, ch 252, § 59.