22-46-3. Theft by exploitation--Penalty.
Any person who, having assumed the duty voluntarily, by written contract, by receipt of payment for care, or by order of a court to provide for the support of an elder or an adult with a disability, and having been entrusted with the property of that elder or adult with a disability, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of that person's trust, is guilty of theft by exploitation. Theft by exploitation is punishable as theft pursuant to chapter 22-30A.
Source: SL 1986, ch 186, §3; SL 1989, ch 30, §53; SL 2005, ch 120, §342; SL 2007, ch 147, §4; SL 2016, ch 120, §21.
Structure South Dakota Codified Laws
Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities
Section 22-46-1 - Definition of terms.
Section 22-46-1.1 - Neglect--Exclusions from definition.
Section 22-46-2 - Abuse or neglect of elder or adult with a disability--Felony or misdemeanor.
Section 22-46-3 - Theft by exploitation--Penalty.
Section 22-46-5 - Investigation of report of abuse, neglect or exploitation.
Section 22-46-7 - Report of abuse, neglect, or exploitation.
Section 22-46-8 - Immunity from liability for reporting abuse, neglect, or exploitation.
Section 22-46-9 - Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor.
Section 22-46-11 - Voluntary reporting of abuse, neglect, or exploitation.
Section 22-46-12 - Information provided by report of abuse, neglect, or exploitation.
Section 22-46-14 - Additional penalties against perpetrator for exploitation.
Section 22-46-16 - Effect of revocation of provision of instrument.
Section 22-46-17 - Additional remedies for violation.
Section 22-46-18 - Remedies cumulative with other legal and administrative remedies.