South Dakota Codified Laws
Chapter 30A - Theft
Section 22-30A-10 - Embezzlement of property received in trust.

22-30A-10. Embezzlement of property received in trust.
Any person, who has been entrusted with the property of another and who, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of his or her trust, is guilty of theft. A distinct act of taking is not necessary to constitute theft pursuant to this section.

Source: SDC 1939, §§13.1236, 13.1305, 13.4001, 13.4003 to 13.4007; SDCL, §§3-16-4, 3-16-5, 22-38-1 to 22-38-7; SL 1976, ch 158, §30A-15; SL 1977, ch 189, §61; SL 2005, ch 120, §59.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 22 - Crimes

Chapter 30A - Theft

Section 22-30A-1 - Theft--Violation.

Section 22-30A-2 - Transfer of another's property as theft.

Section 22-30A-3 - Theft by deception.

Section 22-30A-4 - Theft by threat.

Section 22-30A-6 - Theft of lost or mislaid property.

Section 22-30A-7 - Receiving stolen property.

Section 22-30A-8 - Obtaining property or services without paying.

Section 22-30A-8.1 - Obtaining property or services with false debit or credit card.

Section 22-30A-9 - Diverting services of another.

Section 22-30A-10 - Embezzlement of property received in trust.

Section 22-30A-10.1 - Return of stolen property considered in mitigation of punishment--Return not a defense.

Section 22-30A-11 - Disqualification from public office.

Section 22-30A-12 - Unauthorized operation of vehicle or vessel as misdemeanor.

Section 22-30A-13 - Theft by conversion of rented personalty after notice of termination.

Section 22-30A-14 - Affirmative defense to conversion of leased or rented personalty.

Section 22-30A-15 - Theft as single offense incorporating previous separate offenses--Terms used in alleging theft.

Section 22-30A-16 - Ignorance and honest claim of right as affirmative defenses to theft.

Section 22-30A-17 - Grand theft--Felony.

Section 22-30A-17.1 - Aggravated grand theft--Felony.

Section 22-30A-17.2 - Petty theft in the first degree--Misdemeanor.

Section 22-30A-17.3 - Petty theft in the second degree--Misdemeanor.

Section 22-30A-18 - Aggregation of related thefts to determine degree of offense.

Section 22-30A-19.1 - Liability of shoplifter to owner or seller--Penalty.

Section 22-30A-19.2 - Detention of suspected shoplifter--Reasonableness--Grounds.

Section 22-30A-19.3 - Demand for payment by victim of retail theft.

Section 22-30A-19.4 - Failure to pay liability for theft--Penalty doubled.

Section 22-30A-21 - Law enforcement officer retaining seized property as theft.

Section 22-30A-24 - Theft by insufficient funds check--Degrees according to amount--Aggregation of checks.

Section 22-30A-25 - Theft by no account check--Degrees according to amount--Aggregation of checks.

Section 22-30A-26 - Return of property or payment of check and the costs and expenses prohibits criminal prosecution.

Section 22-30A-27 - Passing insufficient funds check as prima facie evidence of knowledge of insufficiency.

Section 22-30A-28 - Goods, services, taxes, and other obligations as present consideration.

Section 22-30A-29 - Postdated check not in violation.

Section 22-30A-30 - Prosecution for passing check against insufficient funds--Establishment of probable cause-Testimony of official not necessary.

Section 22-30A-31 - Passing check as prima facie evidence.

Section 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.

Section 22-30A-33 - Additional civil penalty for failure to pay amount of check and fees and costs--Prosecution.

Section 22-30A-34 - Contents of notice of dishonor.

Section 22-30A-35 - Proof of notice not required--Payment of check, costs, and expenses bar to prosecution.

Section 22-30A-36 - Limitation of theft by insufficient funds check and theft by no account check prosecutions.

Section 22-30A-37 - Circumstances under which maker, drawer, or issuer not criminally or civilly liable for damages and costs.

Section 22-30A-38 - Combination of instruments--Court.

Section 22-30A-39 - Alteration or removal of serial number--Possession of property with altered serial number--Felony.

Section 22-30A-40 - Liability for cost of motor fuel received--Service charge.

Section 22-30A-41 - Request for vehicle owner information--Format and content--Response by law enforcement.

Section 22-30A-42 - Demand for payment from motor vehicle owner for motor fuel received--Content of notice.

Section 22-30A-43 - Payment or dispute of claim--Court action--Service charge and expenses .

Section 22-30A-44 - Criminal action prohibited if retailer receives payment or court award.

Section 22-30A-45 - Public official defined.

Section 22-30A-46 - Public official's use of public funds for official's financial benefit as theft.