South Dakota Codified Laws 22-40-8. Identity theft

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

Under the South Dakota Laws, punishments for crimes depend on the classification. In the case of this section:

Class	Prison	Fine
Class 6 felony	up to 2 years	up to $4,000

For details, see § 22-6-1

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Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(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.

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