South Dakota Codified Laws
S.D. Codified Laws § 22-40-8 (2026)
Identity theft--Felony.
✓ current as of May 2026
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22-40-8. Identity theft--Felony.
If any person, without the authorization or permission of another person and with the intent to deceive or defraud:
(1) Obtains, possesses, transfers, uses, attempts to obtain, or records identifying information not lawfully issued for that person's use; or
(2) Accesses or attempts to access the financial resources of that person through the use of identifying information;
such person commits the crime of identity theft. Identity theft committed pursuant to this section is a Class 6 felony.
Source: SL 2000, ch 107, § 1; SDCL, § 22-30A-3.1; SL 2005, ch 120, §§ 80, 83.
Notes of Decisions
Cited in 2
cases, 2012–2016 · leading case: State v. Chipps, 2016 SD 8 (S.D. 2016).
State v. Chipps, 2016 SD 8 (S.D. 2016). “Chipps was indicted in Lawrence County on May 22, 2014, with one count of second-degree burglary in violation of SDCL 22-32-3, one count of grand theft (more than $2,500 but less than $5,000) in violation of SDCL 22-30A-1 and -17, one count of obtaining possession of a…”
State v. Schmidt, 2012 S.D. 77 (S.D. 2012). “] Sarah Elizabeth Schmidt was charged by an indictment dated July 1, 2010 with ten counts of grand theft, in violation of SDCL 22-30A-1 and 22-30A-17(1); three counts of identity theft, in violation of SDCL 22-40-8; and sixty-seven counts of forgery, in violation of SDCL…”
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