South Dakota Code § 3-23-5

Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract
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Any elected or appointed state authority, board, or commission member who knowingly violates §§
3-23-1
to
3-23-4
, inclusive, shall be removed from the authority, board, or commission and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§
3-23-1
to
3-23-4
, inclusive, and is also guilty of theft under chapter
22-30A
, shall be penalized at the next greater class of penalty prescribed by chapters
22-6
and
22-30A
. No authority, board, or commission member who has submitted a good faith request for authorization pursuant to §
3-23-3
may be convicted of a crime under this chapter. Any benefit to the authority, board, or commission member in violation of §§
3-23-1
and
3-23-2
is subject to disgorgement and any contract made in violation of this chapter is voidable by the authority, board, or commission.

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