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South Dakota Theft Laws
South Dakota Theft Laws
22-30A-1. Theft--Violation. Any person who takes, or exercises unauthorized control over, property of another, with intent to deprive that person of the property, is guilty of theft.
22-30A-2. Transfer of another's property as theft. Any person who transfers property of another, or any interest in the property of another, with intent to benefit the transferor or another who is not entitled thereto, is guilty of theft.
22-30A-3. Theft by deception. Any person who obtains property of another by deception is guilty of theft. A person deceives if, with intent to defraud, that person:
(1) Creates or reinforces a false impression, including false impressions as to law, value, intention, or other state of mind. However, as to a person's intention to perform a promise, deception may not be inferred from the fact alone that that person did not subsequently perform the promise;
(2) Prevents another from acquiring information which would affect the other person's judgment of a transaction;
(3) Fails to correct a false impression which the deceiver previously created or reinforced, or which the deceiver knows to be influencing another to whom the deceiver stands in a fiduciary or confidential relationship; or
(4) Fails to disclose a known lien, adverse claim, or other legal impediment to the enjoyment of property which the deceiver transfers or encumbers in consideration for property the deceiver obtains, whether such impediment is or is not valid, or is or is not a matter of official record.
The term, deceive, does not, however, include falsity as to matters having no pecuniary significance or puffing by statements unlikely to deceive reasonable persons.
22-30A-4. Theft by threat. A person is guilty of theft if the person obtains property of another by threatening to:
(1) Inflict bodily injury on anyone or commit any criminal offense;
(2) Accuse anyone of a criminal offense;
(3) Expose any secret tending to subject any person to hatred, contempt, or ridicule, or to impair any person's credit or business repute;
(4) Take or withhold action as an official, or cause an official to take or withhold action;
(5) Bring about or continue a strike, boycott, or other collective unofficial action, if the property is not demanded or received for the benefit of the group in whose interest the actor purports to act;
(6) Testify or provide information or withhold testimony or information with respect to another's legal claim or defense; or
(7) Inflict any other harm which would not benefit the person making the threat.
22-30A-6. Theft of lost or mislaid property. Any person who comes into control of property of another that the person knows to have been lost, estrayed, mislaid, or delivered under a mistake as to the nature or amount of the property or the identity of the recipient, is guilty of theft if, with intent to deprive the owner thereof, the person fails to take reasonable measures to restore the property to a person entitled to have the property.
22-30A-7. Receiving stolen property. Any person who receives, retains, or disposes of property of another knowing that the property has been stolen, or believing that the property has probably been stolen, unless the property is received, retained, or disposed of with the intent to restore the property to the owner, is guilty of theft.
22-30A-8. Obtaining property or services without paying. Any person is guilty of theft if that person intentionally obtains property or service which that person knows is available only for compensation, by deception, threat, or other means to avoid payment for the service or property.
22-30A-8.1. Obtaining property or services with false credit card. Any person who, by use of a credit card issued to another person, without the consent of the person to whom issued, or by use of a credit card which has been revoked or canceled or has expired, or by use of a falsified, mutilated, altered, or counterfeit credit card obtains property or services on credit, is guilty of theft.
22-30A-10.1. Return of stolen property considered in mitigation of punishment--Return not a defense. If any person, who has been accused of theft, restores or returns the property allegedly stolen before an indictment or information is laid before a magistrate, such fact may be considered in mitigation of punishment. The restoration or return of the property is not a defense nor may it be considered by the finder of fact.
22-30A-12. Unauthorized operation of vehicle or vessel as misdemeanor. Any person who, without the intent to deprive the owner thereof, operates another's motor vehicle or vessel without the consent of the owner, is guilty of a Class 1 misdemeanor.
22-30A-15. Theft as single offense incorporating previous separate offenses--Terms used in alleging theft. Conduct constituting theft pursuant to this chapter constitutes a single offense including any separate offenses committed or charged before the effective date of this chapter and known as larceny, embezzlement, extortion, fraudulent conversion, false pretense, and receiving stolen property. An accusation of theft may be supported by evidence that the theft was committed in any manner that would be theft under this chapter, notwithstanding the specification of a different manner in the indictment or information, subject only to the power of a court to ensure a fair trial by granting a continuance or other appropriate relief if the conduct of the defense would be prejudiced by lack of fair notice or by surprise.
22-30A-16. Ignorance and honest claim of right as affirmative defenses to theft. It is an affirmative defense to a prosecution for theft that the defendant:
(1) Was unaware that the property taken was that of another; or
(2) Acted under an honest and reasonable claim of right to the property involved or that the defendant had a right to acquire or dispose of the property as he or she did.
22-30A-17. Grand theft--Felony. Theft is grand theft, if the property stolen:
(1) Exceeds one thousand dollars in value;
(2) Is a firearm;
(3) Is taken from the person of another; or
(4) The property stolen is cattle, horses, mules, buffalo, or captive nondomestic elk.
Grand theft is a Class 4 felony.
22-30A-17.1. Aggravated grand theft--Felony. Theft is aggravated grand theft, if the value of the property stolen exceeds one hundred thousand dollars. Aggravated grand theft is a Class 3 felony.
22-30A-17.2. Petty theft in the first degree--Misdemeanor. Theft is petty theft in the first degree, if the value of the property stolen exceeds four hundred dollars but does not exceed one thousand dollars. Petty theft in the first degree is a Class 1 misdemeanor
22-30A-17.3. Petty theft in the second degree--Misdemeanor. Theft is petty theft in the second degree, if the value of the property stolen is four hundred dollars or less. Petty theft in the second degree is a Class 2 misdemeanor.
22-30A-18. Aggregation of related thefts to determine degree of offense. Amounts involved in thefts, whether from the same person or several persons, committed pursuant to one scheme or course of conduct, may be aggregated in determining the degree of the offense.
22-30A-19.1. Liability of shoplifter to owner or seller--Penalty. Any adult, or any emancipated minor as defined in § 25-5-24, or any parent or guardian of any unemancipated minor, who takes possession of any goods, wares, or merchandise displayed or offered for sale by a store or other mercantile establishment without the consent of the owner or seller, and with the intention of converting the goods to the person's own use without having paid the purchase price, is liable to the owner or seller for the retail value of the merchandise, regardless of whether or not the merchandise has been recovered in undamaged condition by the owner or seller. In addition, the owner or seller is entitled to a penalty of four times the retail value of the merchandise, or one hundred dollars, whichever is greater.
22-30A-19.2. Detention of suspected shoplifter--Reasonableness--Grounds. Any owner or seller of merchandise, who has reasonable grounds to believe that a person has committed retail theft pursuant to § 22-30A-19.1, may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time:
(1) To request identification;
(2) To verify such identification;
(3) To make reasonable inquiry as to whether such person has in his or her possession unpurchased merchandise and, to make reasonable investigation of the ownership of such merchandise;
(4) To inform a law enforcement officer of the detention of the person and surrender that person to the custody of a law enforcement officer; and
(5) In the case of a minor, to inform a law enforcement officer, a parent, guardian, or other private person interested in the welfare of the detained minor and to surrender custody of the minor to such person.
An owner or seller of merchandise may make a detention as permitted in this section off the premises of a retail mercantile establishment only if such detention is pursuant to the immediate pursuit of such person.
22-30A-19.3. Demand for payment by victim of retail theft. Any owner or seller of merchandise who is the victim of retail theft pursuant to § 22-30A-19.1 may make a written demand for the amount for which any person is liable pursuant to § 22-30A-19.1. Except for a sole proprietorship, a member of management, other than the initial detaining person, shall evaluate the validity of the accusation that an act of retail theft was committed and shall approve the accusation before a written demand for payment is issued. The demand for payment shall be mailed by certified mail to the person from whom payment is demanded or served personally on the person from whom payment is demanded. Personal service shall be accomplished in the same manner as the service of a summons.
22-30A-19.4. Failure to pay liability for theft--Penalty doubled. If the person to whom a written demand is made pursuant to § 22-30A-19.3 complies by making full payment of the amount required by the written demand within thirty days after its receipt, that person incurs no further civil liability to the owner or seller of the merchandise. However, if the person to whom a written demand is made fails to make full payment pursuant to that written demand, then the penalty allowed in § 22- 30A-19.1 may be doubled.
22-30A-24. Theft by insufficient funds check--Degrees according to amount--Aggregation of checks. Any person who, for himself or herself or as agent or representative of another, for a present consideration, with intent to defraud, passes a check drawn on a financial institution knowing at the time of such passing that there are not sufficient funds in the account on which the check was drawn in the financial institution for the payment of such check and all other checks upon such funds then outstanding, in full upon its presentation, although no express representation is made with reference thereto, is guilty of theft by insufficient funds check. Theft by insufficient funds check is punishable as theft pursuant to chapter 22-30A. In determining the degree of theft, the value of the property stolen or attempted to be stolen is the same as the face amount of the insufficient funds check. Any series of insufficient funds checks within any thirty-day period may be aggregated in amount to determine the degree of theft of such course of conduct.
22-30A-29. Postdated check not in violation. The making of a postdated or hold check, knowingly received as such, or a check issued under an agreement with the payee that the check would not be presented for payment for a specified time, does not constitute a violation of § 22-30A- 24.
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Please note, the theft law information on this page is provided as a courtesy to help explain theft, shoplifting and stealing laws. There is no guarantee or assurance of reliability or validity. Laws change over time and this page may or may not be current. The code that is provided on this site is an unofficial posting of the State Codes. The files making up this Internet version of the State Codes do not constitute the official text of the State Codes and are intended for informational purposes only. No representation is made as to the accuracy or completeness of these sections. While every effort was made to ensure the accuracy and completeness of the statutes available Offender Solutions™ shall not be liable or held responsible for any errors or omissions which may occur in these files, they are provided on an "As Is" basis. Use of the information and services are at the sole risk of the user. For official versions of any state's current laws, the user is directed to that states Revised Statutes, all amendments and cumulative supplements thereto published by that state. Please notify the Webmaster if you find any irregularities in the statutes on this web site. The Webmaster will relay the information to appropriate staff to investigate the irregularities. The printed version of the State Codes should be consulted for all matters requiring reliance on the statutory text. If you were involved in a theft or shoplifting incident you are encouraged to consider taking a theft cloass, theft course or shoplifting education class such as the one provided by offender solutions. Research shows theft school and/or theft education can be an effective theft prevention. Offender Solutions™ is an online theft education, shoplifting education class about stealing, it can be very effective if you want to stop stealing. Evan it was a small theft, a petty theft class or petty theft school could be right for you!
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SHOPLIFTING THEFT STEALING
Shoplifting is not a crime, it is a euphemism for the word stealing or theft, and theft is a crime. I'm not sure why our culture allowed the word "theft" to be different for someone who steals from a store, but the effect has been to minimize its seriousness in the mind of the shoplifter, our society and, interestingly, the police. It would seem logical for someone who is shoplifting to minimize the seriousness of this crime by calling it "shoplifting", but for the police to be swayed to this way of thinking is no less sacrilegious than for an American citizen to allow the euphemism, "casualty of war" to replace the word "death", minimizing the sacrifices of our Veterans.
The same point can be made of the term "petty theft". Doesn't the word "petty" conjure up notions of insignificance, unimportance and irrelevance? It almost appears the police and our society have fallen victim to a very successful propaganda campaign intending to minimize the seriousness of theft from a store by calling it "shoplifting". Actually, if you take time to think about it, whether the item is stolen from a store, your employer, or, has great or small value, it is still stealing. It is also a statement about the shoplifters character.
I don't work for a store or retailer and I do not spend my time trying to show retailers how to better protect themselves from shoplifting with cameras, mirrors, electronic tags, security personnel, etc. I spend my time helping theft offenders think through their actions, attitudes, values and beliefs. Working with most people who steal is not all that difficult. What I have discovered through theft offender counseling is that most theft offenders have relatively transparent thinking errors. For example, if you believed 2 + 3 equals 6 you would have a thinking error. Your thinking error would not readily be identified, (How often do you do math out loud or in front of someone, and, to take it even further, how many people are willing to confront you with your math error?). However, once this thinking error is identified, you would be quick to self correct.
There is also such a thing as a "cultural thinking error." One common cultural thinking error occurs when we minimize the impact of shoplifting by buying into the notion that if someone is "shoplifting", he must be a victim. Common cultural thinking errors are that theft offenders are victims of poverty, poor parenting, hunger, alcohol and drugs, ADHD, peer pressure, etc. The fact is, most people who steal from stores are none of the above and, all people who choose to steal from stores have options to stealing. Oh, kleptomania you say?
People who are shoplifting are not all that different from you and I. Simply stated, the primary differences include, 1) an overdose of selfishness, 2) a stronger than normal attraction to the forbidden, 3) thinking errors you and I don't have, and, most of all, 4) they don't self punish the thought of stealing.