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Identity Theft

SDCL § 22-40-8 — using another's identifying information or accounts to deceive or defraud, a Class 6 felony

  • Obtaining, possessing, transferring, using or recording another person's identifying information.
  • Accessing or trying to access another person's financial resources through their identifying information.
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Either, without permission and with intent to deceive or defraud, is identity theft, a Class 6 felony.

A particular case is a question for a licensed South Dakota attorney.

Sources for this section (1)
  1. SDCL § 22-40-8 — Identity theft; Felony

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.

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Walked through

This section is the long version of a step in one walkthrough. Each one takes the same law one decision at a time, with both sides of the moment written out.