22-30A-34. Contents of notice of dishonor.
The notice of dishonor required by §22-30A-32 shall be in substantially the following form:
Date ________________________________________________________________
Name of issuer ________________________________________________________
Bank on which drawn ___________________________________________________
Date of check _________________________________________________________
Amount of check _______________________________________________________
Holder of the check _____________________________________________________
You are hereby notified that your check described above has been dishonored and is now being held by the above holder for a period of thirty days from the date of the mailing of this notice. Civil liability incurred by a check issuer pursuant to SDCL 57A-3-420 is not a defense to a violation of this chapter. If you do not pay the amount of the check and the costs and expenses provided for by SDCL 57A-3-421 within thirty days of the mailing of this notice of dishonor to you, your check will be delivered to the state's attorney for criminal prosecution for theft, and you will be liable to the holder of the check for an additional civil penalty of an amount equal to twice the amount of the check in addition to the amount of the check and the costs and expenses provided for by SDCL 57A-3-421.
Source: SL 1973, ch 153, §8; SL 1983, ch 368, §2; SDCL, §22-41-3.2; SL 2005, ch 120, §§139, 444.
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.