South Dakota Codified Laws
Chapter 30A - Theft
Section 22-30A-33 - Additional civil penalty for failure to pay amount of check and fees and costs--Prosecution.

22-30A-33. Additional civil penalty for failure to pay amount of check and fees and costs--Prosecution.
If the drawer of a check does not pay the fees and costs provided for in §57A-3-421 and the amount of the check to the holder of the check within thirty days of the mailing of the notice of dishonor, the drawer shall owe to the holder of the check an additional civil penalty equal to twice the amount of the check. The state's attorney may then prosecute the dishonor. No state's attorney may collect a civil penalty for prosecuting the dishonor. No state's attorney may assign a check for civil collection for violation of §22-30A-24 or 22-30A-25.

Source: SL 2005, ch 120, §442; SL 2006, ch 128, §1.

<< Previous
Next >>

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.