§ 22-30A-1 Theft–Violation
§ 22-30A-2 Transfer of another’s property as theft
§ 22-30A-3 Theft by deception
§ 22-30A-4 Theft by threat
§ 22-30A-6 Theft of lost or mislaid property
§ 22-30A-7 Receiving stolen property
§ 22-30A-8 Obtaining property or services without paying
§ 22-30A-8.1 Obtaining property or services with false debit or credit card
§ 22-30A-9 Diverting services of another
§ 22-30A-10 Embezzlement of property received in trust
§ 22-30A-10.1 Return of stolen property considered in mitigation of punishment–Return not adefense
§ 22-30A-11 Disqualification from public office
§ 22-30A-12 Unauthorized operation of vehicle or vessel as misdemeanor
§ 22-30A-13 Theft by conversion of rented personalty after notice of termination
§ 22-30A-14 Affirmative defense to conversion of leased or rented personalty
§ 22-30A-15 Theft as single offense incorporating previous separate offenses–Terms used inalleging theft
§ 22-30A-16 Ignorance and honest claim of right as affirmative defenses to theft
§ 22-30A-17 Grand theft–Felony
§ 22-30A-17.1 Aggravated grand theft–Felony
§ 22-30A-17.2 Petty theft in the first degree–Misdemeanor
§ 22-30A-17.3 Petty theft in the second degree–Misdemeanor
§ 22-30A-18 Aggregation of related thefts to determine degree of offense
§ 22-30A-19.1 Liability of shoplifter to owner or seller–Penalty
§ 22-30A-19.2 Detention of suspected shoplifter–Reasonableness–Grounds
§ 22-30A-19.3 Demand for payment by victim of retail theft
§ 22-30A-19.4 Failure to pay liability for theft–Penalty doubled
§ 22-30A-20 Unauthorized possession of federal Department of Agriculture commoditiestransferred to state
§ 22-30A-21 Law enforcement officer retaining seized property as theft
§ 22-30A-24 Theft by insufficient funds check–Degrees according to amount–Aggregation ofchecks
§ 22-30A-25 Theft by no account check–Degrees according to amount–Aggregation of checks
§ 22-30A-26 Return of property or payment of check and the costs and expenses prohibits criminalprosecution
§ 22-30A-27 Passing insufficient funds check as prima facie evidence of knowledge ofinsufficiency
§ 22-30A-28 Goods, services, taxes, and other obligations as present consideration
§ 22-30A-29 Postdated check not in violation
§ 22-30A-30 Prosecution for passing check against insufficient funds–Establishment of probablecause-Testimony of official not necessary
§ 22-30A-31 Passing check as prima facie evidence
§ 22-30A-32 Notice of dishonor required before prosecution for theft by insufficient funds–Checkor theft by no account check–Presumption of service–Waiting period
§ 22-30A-33 Additional civil penalty for failure to pay amount of check and fees and costs–Prosecution
§ 22-30A-34 Contents of notice of dishonor
§ 22-30A-35 Proof of notice not required–Payment of check, costs, and expenses bar toprosecution
§ 22-30A-36 Limitation of theft by insufficient funds check and theft by no account checkprosecutions
§ 22-30A-37 Circumstances under which maker, drawer, or issuer not criminally or civilly liablefor damages and costs
§ 22-30A-38 Combination of instruments–Court
§ 22-30A-39 Alteration or removal of serial number–Possession of property with altered serialnumber–Felony
§ 22-30A-40 Liability for cost of motor fuel received–Service charge
§ 22-30A-41 Request for vehicle owner information–Format and content–Response by lawenforcement
§ 22-30A-42 Demand for payment from motor vehicle owner for motor fuel received–Content ofnotice
§ 22-30A-43 Payment or dispute of claim–Court action–Service charge and expenses
§ 22-30A-44 Criminal action prohibited if retailer receives payment or court award
§ 22-30A-45 Public official defined
§ 22-30A-46 Public official’s use of public funds for official’s financial benefit as theft
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Terms Used In South Dakota Codified Laws > Title 22 > Chapter 30A - Theft

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Personal property: All property that is not real property.
  • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See South Dakota Codified Laws 2-14-2
  • Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
  • Summons: Another word for subpoena used by the criminal justice system.
  • Testify: Answer questions in court.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • 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