37-32-13. Civil penalties for intentional violation.
In any action brought under §37-32-11, if the court finds that a solicitor or sponsor intentionally used an act or practice declared to be unlawful by this chapter, the attorney general or state's attorney, upon petition to the court, may recover, on behalf of the state, a civil penalty of not more than two thousand dollars per violation. For purposes of this section, an intentional violation occurs when the party committing the violation knew or should have known that the conduct was a violation of this chapter.
Source: SL 1997, ch 223, §13.
Structure South Dakota Codified Laws
Chapter 32 - Sweepstake Prizes
Section 37-32-1 - Definition of terms.
Section 37-32-2 - Payment not allowed as requirement to receive written prize notice.
Section 37-32-3 - Written prize notice--Contents.
Section 37-32-4 - Retail value and statement of odds.
Section 37-32-5 - Statement of shipping and handling fees.
Section 37-32-6 - Location and size of information in notice.
Section 37-32-7 - Name of sponsor on notice.
Section 37-32-8 - Limitations on solicitor or sponsor.
Section 37-32-9 - Sales presentations.
Section 37-32-10 - Prize unavailable.
Section 37-32-11 - Temporary or permanent injunction for violation.
Section 37-32-12 - Civil penalties for violation of injunction.
Section 37-32-13 - Civil penalties for intentional violation.
Section 37-32-14 - Civil action by individual.
Section 37-32-15 - Venue of action.
Section 37-32-16 - Conflict with other actions.