22-30A-1. Theft–Violation. Any person who takes, or exercises unauthorized control over, property of another, with intent to deprive that person of the property, is guilty of theft. Source: SDC 1939, §13.3801; SDCL, §22-37-1; SL 1976, ch 158, §30A-7; SL 2005, ch 120, §49.
22-30A-10. Embezzlement of property received in trust. Any person, who has been entrusted with the property of another and who, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of his or her trust, is guilty of theft. A distinct act of taking is not […]
22-30A-10.1. Return of stolen property considered in mitigation of punishment–Return not a defense. If any person, who has been accused of theft, restores or returns the property allegedly stolen before an indictment or information is laid before a magistrate, such fact may be considered in mitigation of punishment. The restoration or return of the property […]
22-30A-11. Disqualification from public office. Any person convicted of theft under §22-30A-10 for unlawfully obtaining property of this state, of any of its political subdivisions, or of any agency or fund in which the state or its people are interested shall, in addition to the punishment prescribed by §22-30A-17 and chapter 22-6 and that may […]
22-30A-12. Unauthorized operation of vehicle or vessel as misdemeanor. Any person who, without the intent to deprive the owner thereof, operates another’s motor vehicle or vessel without the consent of the owner, is guilty of a Class 1 misdemeanor. Source: SL 1976, ch 158, §30A-17; SL 2005, ch 120, §62.
22-30A-13. Theft by conversion of rented personalty after notice of termination. Any person who intentionally converts to his or her own use any leased or rented personal property, after receiving proper notice demanding the return of the property following expiration of the lease or rental agreement, is guilty of theft. For the purposes of this […]
22-30A-14. Affirmative defense to conversion of leased or rented personalty. The following factors, taken as a whole, constitute an affirmative defense to a prosecution commenced under §22-30A-13: (1)That the lessee accurately stated his or her name and address at the time of rental; (2)That the lessee’s failure to return the item at the expiration date […]
22-30A-15. Theft as single offense incorporating previous separate offenses–Terms used in alleging theft. Conduct constituting theft pursuant to this chapter constitutes a single offense including any separate offenses committed or charged before the effective date of this chapter and known as larceny, embezzlement, extortion, fraudulent conversion, false pretense, and receiving stolen property. An accusation of […]
22-30A-16. Ignorance and honest claim of right as affirmative defenses to theft. It is an affirmative defense to a prosecution for theft that the defendant: (1)Was unaware that the property taken was that of another; or (2)Acted under an honest and reasonable claim of right to the property involved or that the defendant had a […]
22-30A-17. Grand theft–Felony. Grand theft is a Class 6 felony, if the property stolen: (1)Exceeds one thousand dollars in value but is less than or equal to two thousand five hundred dollars; (2)Is a firearm with a value of less than or equal to two thousand five hundred dollars; (3)Is taken from the person of […]
22-30A-17.1. Aggravated grand theft–Felony. Theft is aggravated grand theft, if the value of the property stolen exceeds five hundred thousand dollars. Aggravated grand theft is a Class 2 felony. Source: SL 2005, ch 120, §68; SL 2013, ch 101, §61.
22-30A-17.2. Petty theft in the first degree–Misdemeanor. Theft is petty theft in the first degree, if the value of the property stolen exceeds four hundred dollars but does not exceed one thousand dollars. Petty theft in the first degree is a Class 1 misdemeanor. Source: SL 2005, ch 120, §69.
22-30A-17.3. Petty theft in the second degree–Misdemeanor. Theft is petty theft in the second degree, if the value of the property stolen is four hundred dollars or less. Petty theft in the second degree is a Class 2 misdemeanor. Source: SL 2005, ch 120, §70.
22-30A-18. Aggregation of related thefts to determine degree of offense. Amounts involved in thefts, whether from the same person or several persons, committed pursuant to one scheme or course of conduct, may be aggregated in determining the degree of the offense. Source: SL 1976, ch 158, §30A-4; SL 2005, ch 120, §71.
22-30A-19.1. Liability of shoplifter to owner or seller–Penalty. Any adult, or any emancipated minor as defined in §25-5-24, or any parent or guardian of any unemancipated minor, who takes possession of any goods, wares, or merchandise displayed or offered for sale by a store or other mercantile establishment without the consent of the owner or […]
22-30A-19.2. Detention of suspected shoplifter–Reasonableness–Grounds. Any owner or seller of merchandise, who has reasonable grounds to believe that a person has committed retail theft pursuant to §22-30A-19.1, may detain such person, on or off the premises of a retail mercantile establishment, in a reasonable manner and for a reasonable length of time: (1)To request identification; […]
22-30A-19.3. Demand for payment by victim of retail theft. Any owner or seller of merchandise who is the victim of retail theft pursuant to §22-30A-19.1 may make a written demand for the amount for which any person is liable pursuant to §22-30A-19.1. Except for a sole proprietorship, a member of management, other than the initial […]
22-30A-19.4. Failure to pay liability for theft–Penalty doubled. If the person to whom a written demand is made pursuant to §22-30A-19.3 complies by making full payment of the amount required by the written demand within thirty days after its receipt, that person incurs no further civil liability to the owner or seller of the merchandise. […]
22-30A-2. Transfer of another’s property as theft. Any person who transfers property of another, or any interest in the property of another, with intent to benefit the transferor or another who is not entitled thereto, is guilty of theft. Source: SL 1976, ch 158, §30A-8; SL 2005, ch 120, §50.
22-30A-21. Law enforcement officer retaining seized property as theft. No state, county, or municipal law enforcement officer may retain or dispose of property that has been seized or confiscated unless the law enforcement officer retains or disposes of such property pursuant to law or a court order. A violation of this section constitutes theft pursuant […]
