South Dakota Codified Laws 62-4-50. Immunity for good faith written request of investigation–False written request asmisdemeanor
Any person or party participating in good faith in the making of a written request pursuant to § 62-4-47 is immune from any liability, civil or criminal, that might otherwise be incurred or imposed and has the same immunity for participation in any judicial proceeding resulting from the request. Immunity extends in the same manner to public officials or employees involved in the investigation of the facts contained in written requests or to any person who in good faith cooperates with the investigation. A written request made in good faith does not constitute the wrongful failure to pay a claim or to pay it on time. Any person or party who knowingly makes a false or malicious written request for an investigation, is guilty of a Class 2 misdemeanor.
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 2 misdemeanor | up to 30 days | up to $500 |
Terms Used In South Dakota Codified Laws 62-4-50
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
- written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2
Source: SL 1993, ch 380, § 4.