Bad Checks
SDCL § 22-30A-24 — theft graded by the face amount, notice of dishonor first, and no prosecution if paid within thirty days
Passing a check with intent to defraud, knowing the account lacks the funds to pay it, is theft by insufficient funds check, graded as theft by its face amount. Checks within any thirty-day period may be added together.
Notice first. Before taking it to the state's attorney, the holder serves a notice of dishonor by mail, and holds the check for at least thirty days if the notice went by first class mail.
A person who pays the check and the costs, or returns the property, within thirty days of the notice is not prosecuted for it.
A particular check is a question for a licensed South Dakota attorney.
Sources for this section (3)
- SDCL § 22-30A-24 — Theft by insufficient funds check; Degrees according to amount; Aggregation of checks
- SDCL § 22-30A-26 — Return of property or payment of check and the costs and expenses prohibits criminal prosecution
- SDCL § 22-30A-32 — Notice of dishonor required before prosecution for theft by insufficient funds; Check or theft by no account check; Presumption of service; Waiting period
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed South Dakota attorney.