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 […]
22-30A-25. Theft by no account check–Degrees according to amount–Aggregation of checks. Any person who, for himself or herself or as an agent or representative of another, for present consideration, with intent to defraud, passes a check drawn on a financial institution knowing at the time of such passing that neither the check passer or the […]
22-30A-26. Return of property or payment of check and the costs and expenses prohibits criminal prosecution. If any person, who has been accused of a violation of §22-30A-24 or 22-30A-25, restores or returns the property allegedly obtained as consideration or makes payment of the check and the costs and expenses provided for in §57A-3-421 to […]
22-30A-27. Passing insufficient funds check as prima facie evidence of knowledge of insufficiency. The passing of a check, described in §22-30A-24, is prima facie evidence that the person who passed the check had knowledge of insufficient funds in the account on which the check was drawn in the financial institution. Source: SDC 1939, §13.4204; SL […]
22-30A-28. Goods, services, taxes, and other obligations as present consideration. Present consideration includes goods which are delivered or constructively delivered, and services which are completed, seven days, exclusive of the date of such delivery or completion and exclusive of legal holidays and Sundays, before or after payment therefor. Present consideration also includes payment made for […]
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. Source: SL 1973, ch 153, §7; SL […]
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 […]
22-30A-30. Prosecution for passing check against insufficient funds–Establishment of probable cause-Testimony of official not necessary. For purposes of establishing probable cause that a criminal offense has been committed in violation of §22-30A-24 or 22-30A-25, probable cause is established if the prosecution has presented as evidence at the preliminary hearing, or before the grand jury, a […]
22-30A-31. Passing check as prima facie evidence. The passing of a check, described in §22-30A-24, that bears the name and address of an account holder and bears a signature, purporting to be that of the account holder, is prima facie evidence that an account holder executed the check. Source: SL 1998, ch 138, §1; SDCL, […]
22-30A-32. Notice of dishonor required before prosecution for theft by insufficient funds–Check or theft by no account check–Presumption of service–Waiting period. The holder of an insufficient funds check or no account check shall, before presenting the check to the state’s attorney for prosecution, serve a notice of dishonor upon the writer of the check, by […]
22-30A-33. Additional civil penalty for failure to pay amount of check and fees and costs–Prosecution. If the drawer of a check does not pay the fees and costs provided for in §57A-3-421 and the amount of the check to the holder of the check within thirty days of the mailing of the notice of dishonor, […]
22-30A-34. Contents of notice of dishonor. The notice of dishonor required by §22-30A-32 shall be in substantially the following form: Date ________________________________________________________________ Name of issuer ________________________________________________________ Bank on which drawn ___________________________________________________ Date of check _________________________________________________________ Amount of check _______________________________________________________ Holder of the check _____________________________________________________ You are hereby notified that your check described above has been […]
22-30A-35. Proof of notice not required–Payment of check, costs, and expenses bar to prosecution. The service of a notice of dishonor in accordance with §§22-30A-32 and 22-30A-34 is not an element of the crime of theft by insufficient funds check or theft by no account check, nor is it an element of proof thereof or […]
22-30A-36. Limitation of theft by insufficient funds check and theft by no account check prosecutions. Any criminal prosecution under §22-30A-24 or 22-30A-25 shall be commenced within six months after the holder of a check receives notice of its dishonor. Failure to prosecute a complaint within six months constitutes a bar to any criminal action under […]
22-30A-37. Circumstances under which maker, drawer, or issuer not criminally or civilly liable for damages and costs. The maker, drawer, or issuer is not criminally liable or civilly liable for damages and costs specified in this chapter if: (1)The account contained sufficient funds or credit to cover the check, draft, or order at the time […]
22-30A-38. Combination of instruments–Court. If the same person is the maker, drawer, or issuer of two or more checks, drafts, or orders, such instruments may be combined. An action for their recovery pursuant to this chapter may be brought in any county in which one of the dishonored checks, drafts, or orders were issued or […]
22-30A-39. Alteration or removal of serial number–Possession of property with altered serial number–Felony. Any person who, without consent of the owner, intentionally alters, obliterates, or removes a serial number or other identifying mark on personal property, or possesses any personal property knowing that the property has a serial number or identifying mark which has been […]
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 […]
22-30A-40. Liability for cost of motor fuel received–Service charge. The owner of a motor vehicle who has not paid for the motor fuel received is liable to the motor fuel retailer for the cost of the motor fuel. If notice of a service charge is conspicuously displayed on the premises when the motor fuel was […]
22-30A-41. Request for vehicle owner information–Format and content–Response by law enforcement. If a motor fuel retailer provides, in writing, the license plate number of any motor vehicle owner who failed to pay for the motor fuel received to any law enforcement officer, the law enforcement officer shall provide the motor vehicle owner’s name and addresses, […]
