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South Dakota statute

SDCL § 23A-28B-35 — Fraudulent claim prohibited--Violation as misdemeanor or felony

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

Part of Chapter 28B: Crime Victims' Compensation Program, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 23A-28B-35

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 § 23A-28B-35Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
No person may submit a fraudulent application or claim for a victims' compensation award, may intentionally make or cause to be made any false statement or representation of a material fact in a claim, or may intentionally conceal or fail to disclose information affecting the amount of or the initial or continued right to any such claim or award when reasonably requested to provide such information by the department or the commission. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor if the application or claim is in an amount of one thousand dollars or less. Any person who violates the provisions of this section is guilty of a Class 4 felony if the application or claim is in an amount exceeding one thousand dollars. Any person who violates the provisions of this section forfeits any benefit received under this chapter and shall reimburse the state for any such payments received or paid to or on behalf of that person. The state has a civil cause of action for relief against any person who violates this section in the amount of damages which the state has sustained as a result of such violation and, in addition, for punitive damages in an amount not more than double the amount of damages which the state has sustained, together with interest, plus the cost of such suit.

Official sources

Legal terms used in this section

Questions this section answers

Is fraudulent claim prohibited a felony or a misdemeanor in South Dakota?

It depends on the circumstances: fraudulent claim prohibited ranges from a Class 1 Misdemeanor to a Class 4 Felony in South Dakota under SDCL § 23A-28B-35.

Fraudulent claim - $1,000 or less: Class 1 Misdemeanor (SDCL § 23A-28B-35) · Fraudulent claim - exceeding $1,000: Class 4 Felony (SDCL § 23A-28B-35)

Which South Dakota statute covers fraudulent claim prohibited?

Fraudulent claim prohibited is governed by SDCL § 23A-28B-35 (Fraudulent claim prohibited--Violation as misdemeanor or felony).

This reference is informational and is not legal advice.