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Shoplifting

SDCL § 22-30A-19.1 — the retail value plus four times it or one hundred dollars, and a reasonable detention by the store

A person who takes merchandise from a store without paying, meaning to keep it, is liable to the store for its retail value, recovered or not, and a penalty of four times the retail value or one hundred dollars, whichever is greater. A parent answers for an unemancipated minor.

  • SDCL § 22-30A-19.1
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Held by the store. A store with reasonable grounds may detain a person in a reasonable manner for a reasonable time, to ask for and verify identification, ask about unpaid merchandise, and hand the person to law enforcement. Off the premises only in immediate pursuit.

  • SDCL § 22-30A-19.2

The theft charge is separate from what the store may collect. A particular case is a question for a licensed South Dakota attorney.

  • SDCL § 22-30A-19.1
Sources for this section (2)
  1. SDCL § 22-30A-19.1 — Liability of shoplifter to owner or seller; Penalty
  2. SDCL § 22-30A-19.2 — Detention of suspected shoplifter; Reasonableness; Grounds

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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