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 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.