22-30A-26. Return of property or payment of check and the costs and expenses prohibits criminal prosecution.
If any person, who has been accused of a violation of §22-30A-24 or 22-30A-25, restores or returns the property allegedly obtained as consideration or makes payment of the check and the costs and expenses provided for in §57A-3-421 to the holder within thirty days of the mailing or delivery of the notice of dishonor, no criminal prosecution may occur in regard to the check.
Source: SL 1986, ch 183, §2; SDCL, §22-41-1.3; SL 2005, ch 120, §§134, 139.
Structure South Dakota Codified Laws
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-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-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-25 - Theft by no account check--Degrees according to amount--Aggregation of checks.
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-31 - Passing check as prima facie evidence.
Section 22-30A-34 - Contents of notice of dishonor.
Section 22-30A-38 - Combination of instruments--Court.
Section 22-30A-40 - Liability for cost of motor fuel received--Service charge.
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.