22-25A-1. Bet or wager defined. For the purposes of this chapter, the term, bet or wager, means to directly or indirectly take, receive, or accept money or any valuable thing with the understanding or agreement that the money or valuable thing will be paid or delivered to a person if the payment or delivery is […]
22-25A-10. Violation a felony. Any person who violates §22-25A-7 or §22-25A-8 is guilty of a felony as follows: (1)For a first offense, a Class 6 felony; (2)For a second or subsequent offense, a Class 5 felony. Source: SL 2000, ch 106, §10.
22-25A-11. Prosecution of violations. The attorney general or the state’s attorney for the county in which a violation under this chapter occurred, may prosecute violations of this chapter. Source: SL 2000, ch 106, §11.
22-25A-12. Notification of illegal web site and penalties. The attorney general may notify a gambling business that its web site is illegal in this state and list the penalties for violating this section. Source: SL 2000, ch 106, §12.
22-25A-13. Preliminary restraining order available as condition of bond. The attorney general or state’s attorney may seek, and the court may enter, a preliminary restraining order enjoining a person from transmitting bets or wagers or information to assist in the placing of bets or wagers as a condition of bond pending trial or other disposition […]
22-25A-14. Permanent injunction available against guilty party. If a person is found guilty or pleads guilty to a charge brought under this chapter, the attorney general or states attorney may seek, and the court may enter, a permanent injunction against the person or gambling business enjoining the person or gambling business from transmitting bets or […]
22-25A-15. Inapplicability of chapter to state lottery or commission on gaming. This chapter does not apply to the South Dakota Lottery and its licensees, who are engaged in conduct in furtherance of activity expressly authorized, licensed, and regulated under the provisions of chapter 42-7A or to the South Dakota Commission on Gaming and its licensees, […]
22-25A-2. Gambling business defined. For the purposes of this chapter, the term, gambling business, means a business that is conducted at a gambling establishment or involves the placing, receiving, or making of bets or wagers or offers to engage in the placing, receiving, or making of bets or wagers. Source: SL 2000, ch 106, §2.
22-25A-3. Internet defined. For the purposes of this chapter, the term, internet, means the international computer network of both federal and nonfederal interoperable packet switched data networks. Source: SL 2000, ch 106, §3.
22-25A-4. Interactive computer service defined. For the purposes of this chapter, the term, interactive computer service, means a service, system, or network or access software provider that uses public communication infrastructure or operates to provide or enable computer access by multiple users to a computer server, including a service or system that provides access to […]
22-25A-5. Person defined. For the purposes of this chapter, the term, person, means an individual, association, partnership, joint venture, corporation, or a director, executive, or officer of an association, partnership, joint venture, or corporation, a political subdivision of this state, or a department, agency, or instrumentality of this state, or any other government, organization, or […]
22-25A-6. State defined. For the purposes of this chapter, the term, state, means this state, including a territory, possession, county, and land owned, occupied, or held in trust for an Indian tribe, whether or not federally recognized as an Indian tribe. Source: SL 2000, ch 106, §6.
22-25A-7. Internet betting by person engaged in gambling business prohibited. Except as provided in §22-25A-15, no person engaged in a gambling business may use the internet or an interactive computer service to bet or wager. Source: SL 2000, ch 106, §7.
22-25A-8. Establishment of internet gambling business prohibited. Except as provided in §22-25A-15, no person may establish a location or site in this state from which to conduct a gambling business on or over the internet or an interactive computer service. Source: SL 2000, ch 106, §8.
22-25A-9. Violation if gambling originates or terminates in state–Each bet a separate violation. A violation of §22-25A-7 or 22-25A-8 occurs if the violation originates or terminates, or both, in this state. Each individual bet or wager offered in violation of §22-25A-7 or from a location or site that violates §22-25A-8 constitutes a separate violation. Source: […]
