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South Dakota statute

SDCL § 22-40-8 — Identity theft--Felony

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 40: Identity Crimes, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-40-8

Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.

SDCL § 22-40-8Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
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.

Official sources

Legal terms used in this section

Questions this section answers

Is identity theft a felony or a misdemeanor in South Dakota?

Identity theft is a Class 6 Felony in South Dakota under SDCL § 22-40-8.

Which South Dakota statute covers identity theft?

Identity theft is governed by SDCL § 22-40-8 (Identity theft--Felony).

This reference is informational and is not legal advice.