The crime of identity theft involves the use (or theft) of another person's personal identifiable information, such as Social Security number and birth date, to open credit accounts and other illegal acts.
Identity Theft Under South Dakota law
In South Dakota, identity theft happens when a person, without the authorization or permission of another person, and with the intent to deceive or defraud :
The first offense is automatically a Class 6 felony.
Jurisdiction
In an identifity theft crime, the actual theft is considered to have been committed in any county in which any part of the identity theft took place, regardless of whether the defendant was ever actually in such county.
Contact Credit Bureaus
If you are a victim of identity theft, you should also contact the three (3) nationwide credit bureaus immediately and set up a fraud alert. A fraud alert tells banks and other creditors to take extra steps to verify your identity before issuing credit in your name, but it will not stop credit in your name. A fraud alert is free and will last 90 days unless you request an extended seven-year fraud alert and provide a police report.
The details of South Dakota's identity theft laws are listed below. See FindLaw's Identity Theft section for tips on how to avoid becoming a victim and how to recover from the crime.
| Code Section | S.D. Codified Laws §§22-40-8 et seq. |
| Classification of Crime/Penalties | Violations are a Class 6 felony, punishable by up to two (2) years in prison and/or a $2,000 fine. |
| Who May Prosecute? | Any prosecuting authority |
| What is Identifying Information? | Birth certificate or passport information; driver’s license numbers; Social Security or other taxpayer identification numbers; checking, savings, credit card, or debit card numbers; personal identification numbers (PIN), passwords, or challenge questions; user names or identifications; biometric data; or any other numbers, documents, or information which can be used to access another person’s financial resources. |
| Civil Remedies Available | Possible lawsuits for lawsuits for negligence, fraud, misrepresentation, invasion of privacy, breach of fiduciary duty, defamation, breach of contract, negligent or intentional infliction of emotional distress and others, depending on the state law and the circumstances. |
| Misc. Penalties | It is a Class 1 misdemeanor offense to impersonate any person, which includes offering a fictitious name or false date of birth, with intent to deceive a law enforcement officer. Violations are punishable by up to one year in jail and/or a fine up to $1000. |
Note: State identity laws are constantly changing -- contact a South Dakota internet attorney or conduct your own legal research to verify the state law(s) you are researching.
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South Dakota Identity Theft Laws: Related Resources
