28-1-83. Violation of §28-1-82 as misdemeanor or felony.
Any person convicted of an offense under §28-1-82(1) or (2) for food stamp benefits with an EBT card value of one thousand dollars or less is guilty of a Class 1 misdemeanor. Any person convicted of an offense under §28-1-82(1) or (2) for food stamp benefits with an EBT card value of more than one thousand dollars is guilty of a Class 6 felony. Amounts involved in the acquisition or transfer of EBT cards in violation of §28-1-82(1) and (2), committed pursuant to one scheme or course of conduct in any twelve-month period, may be aggregated in determining the degree of the offense. Any person convicted of an offense under §28-1-82(3) or (4) is guilty of a Class 1 misdemeanor.
Source: SL 2005, ch 148, §2.
Structure South Dakota Codified Laws
Title 28 - Public Welfare and Assistance
Chapter 01 - State Department Of Social Services
Section 28-1-12 - Office space and equipment provided for department by county commissioners.
Section 28-1-24.1 - Procedural rules for contested cases.
Section 28-1-25 - Protective payment of assistance where recipient incapable.
Section 28-1-28 - Civil action for reimbursement from persons responsible for support.
Section 28-1-28.1 - Department acceptance and administration of private support contributions--Use.
Section 28-1-29 - Public assistance records confidential--Exceptions.
Section 28-1-31 - Adoption and child placement records remain confidential.
Section 28-1-33 - Unauthorized use of public assistance records as misdemeanor.
Section 28-1-34 - Commercial and political use of public assistance records as misdemeanor.
Section 28-1-49 - Payments to recipients of supplemental security income--Establishment program.
Section 28-1-50 - Rules for administration and operation of programs.
Section 28-1-51 - Rules for protection of confidential information.
Section 28-1-52 - Fiscal impact of department rules on local government units restricted.
Section 28-1-60 - Child care services program.
Section 28-1-61 - Adoption of rules for child care services program.
Section 28-1-65 - Child support enforcement unit--Federal money--Enforcement powers.
Section 28-1-67 - Clearing account for child support enforcement collections.
Section 28-1-68 - Confidentiality of enforcement services applications and records.
Section 28-1-79 - Collection action to recover debts owed department.
Section 28-1-80 - Confidentiality of investigative records and files of program.
Section 28-1-81 - Report to Governor and Legislature concerning program activities.
Section 28-1-82 - Unauthorized acquisition or transfer of food stamp benefits.
Section 28-1-83 - Violation of § 28-1-82 as misdemeanor or felony.