Any person who, with intent to defraud, falsely makes, completes, or alters a written instrument of any kind, or passes any forged instrument of any kind is guilty of forgery. Forgery is a Class 5 felony.

Attorney's Note

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Class 5 felonyup to 5 yearsup to $10,000
For details, see § 22-6-1

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Terms Used In South Dakota Codified Laws 22-39-36

  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • 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: SDC 1939, §§ 13.1243, 13.1248, 13.4101, 13.4104 to 13.4106, 13.4108 to 13.4112, 13.4114 to 13.4120, 13.4124; SDCL, §§ 4-10-12, 22-39-1 to 22-39-7, 22-39-11 to 22-39-14, 22-39-16 to 22-39-18, 22-39-20, 22-39-23 to 22-39-26, 22-39-29, 22-39-32; SL 1976, ch 158, § 39-2; SL 2005, ch 120, § 103.