22-40-1. Impersonation with intent to deceive law enforcement officer–Misdemeanor. No person may impersonate any other person, which includes offering a fictitious name or false date of birth, with intent to deceive a law enforcement officer. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor. Source: SDC 1939, §§13.4208, […]
22-40-10. Physical presence in county not necessary to commission of identity theft. In any criminal proceeding brought pursuant to §22-40-8, the crime may be considered to have been committed in any county in which any part of the identity theft took place, regardless of whether the defendant was ever actually in such county. Source: SL […]
22-40-11. Reencoder and scanning device defined. Terms used in §§22-40-11 to 22-40-14, inclusive, mean: (1)”Reencoder,” any electronic device that places encoded information from the magnetic strip or stripe of a payment card or a computer chip embedded in a payment card onto the magnetic strip or stripe or computer chip of a different payment card; […]
22-40-12. Unauthorized use of scanning device on payment card–Felony. A person is guilty of a Class 6 felony if the person directly or indirectly uses a scanning device to access, read, obtain, memorize, or store, temporarily or permanently, information encoded on the magnetic strip or stripe of a payment card or encoded on a chip […]
22-40-13. Unauthorized use of reencoder on payment card–Felony. A person is guilty of a Class 6 felony if the person directly or indirectly uses a reencoder to place information encoded on the magnetic strip or stripe of a payment card or encoded on a computer chip embedded on a payment card onto the magnetic strip […]
22-40-14. Ownership or possession of scanning device or reencoder with intent to obtain or alter payment card information without permission–Felony. A person is guilty of a Class 6 felony if the person owns or possesses a scanning device or a reencoder with the intent to use the scanning device or reencoder to obtain or alter […]
22-40-15. Making or possessing forgery or counterfeiting devices–Felony. Any person who: (1)Makes or possesses, with knowledge of its character, any plate, die, or other device, apparatus, equipment, or article specifically designated for use in counterfeiting, unlawfully simulating, or otherwise forging, written instruments; (2)Makes or possesses any device, apparatus, equipment, or article capable of or adaptable […]
22-40-16. Impersonation of officer, employee, firefighter, or person causing injury or fraud–Misdemeanor. Any person who intentionally impersonates any public officer or employee, civil or military, or any firefighter or any person having special authority by law to perform any act affecting the rights or interests of another, or assumes, without authority, any uniform or badge […]
22-40-17. Impersonating a judicial official–Misdemeanor. Any person who, without authority under the U.S. Constitution, federal law, or the constitution or laws of this state, acts as a supreme court justice, a circuit court judge, a magistrate judge, a lay magistrate, a clerk of court or deputy, a juror, or other official holding authority to determine […]
22-40-18. Misuse of tribal identification card. No person may: (1)Possess any cancelled, fictitious, fraudulently altered, or fraudulently obtained tribal identification card; (2)Lend the person’s tribal identification card to any other person or knowingly permit its use by another; (3)Display or represent a tribal identification card not issued to the person as being the person’s card; […]
22-40-19. Definition of terms in §§22-40-19 to 22-40-26. Terms in §§22-40-19 to 22-40-26, inclusive, mean: (1)”Breach of system security,” the unauthorized acquisition of unencrypted computerized data or encrypted computerized data and the encryption key by any person that materially compromises the security, confidentiality, or integrity of personal or protected information maintained by the information holder. […]
22-40-20. Notice of breach of system security–Exception. Following the discovery by or notification to an information holder of a breach of system security an information holder shall disclose in accordance with §22-40-22 the breach of system security to any resident of this state whose personal or protected information was, or is reasonably believed to have […]
22-40-21. Delay of notice that would impede criminal investigation. A notification required under §22-40-20 may be delayed if a law enforcement agency determines that the notification will impede a criminal investigation. If the notification is delayed, the notification shall be made not later than thirty days after the law enforcement agency determines that notification will […]
22-40-22. Types of notice of breach of system security. A disclosure under §22-40-20 may be provided by: (1)Written notice; (2)Electronic notice, if the electronic notice is consistent with the provisions regarding electronic records and signatures set forth in 15 U.S.C. §7001 in effect as of January 1, 2018, or if the information holder’s primary method […]
22-40-23. Notice of breach of system security in accordance with information holder’s policies. Notwithstanding §22-40-22, if an information holder maintains its own notification procedure as part of an information security policy for the treatment of personal or protected information and the policy is otherwise consistent with the timing requirements of this section, the information holder […]
22-40-24. Notice to consumer reporting agencies. If an information holder discovers circumstances that require notification pursuant to §22-40-20 the information holder shall also notify, without unreasonable delay, all consumer reporting agencies, as defined under 15 U.S.C. §1681a in effect as of January 1, 2018, and any other credit bureau or agency that compiles and maintains […]
22-40-25. Prosecution for violations. The attorney general may prosecute each failure to disclose under the provisions of §§22-40-19 to 22-40-26, inclusive, as a deceptive act or practice under §37-24-6. In addition to any remedy provided under chapter 37-24, the attorney general may bring an action to recover on behalf of the state a civil penalty […]
22-40-26. Notice of breach of system security in accordance with federal law. Notwithstanding any other provisions in §§22-40-19 to 22-40-26, inclusive, any information holder that is regulated by federal law or regulation, including the Health Insurance Portability and Accountability Act of 1996 (P.L. 104-191, as amended) or the Gramm Leach Bliley Act (15 U.S.C. §6801 […]
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 […]
22-40-9. Identifying information defined. For the purposes of §§22-40-8 to 22-40-10, inclusive, identifying information includes: (1)Birth certificate or passport information; (2)Driver’s license numbers or tribal identification card information; (3)Social security or other taxpayer identification numbers; (4)Checking account numbers; (5)Savings account numbers; (6)Credit card numbers; (7)Debit card numbers; (8)Personal identification numbers, passwords, or challenge questions; (9)User […]
