South Dakota Code § 22-40-8

Identity theft--Felony
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If any person, without the authorization or permission of another person and with the intent to deceive or defraud:
(1) Obtains, possesses, transfers, uses, attempts to obtain, or records identifying information not lawfully issued for that person's use; or
(2) Accesses or attempts to access the financial resources of that person through the use of identifying information;
such person commits the crime of identity theft. Identity theft committed pursuant to this section is a Class 6 felony.

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