South Dakota Code § 3-23-9

Removal of board member or other person from office or employment--Criminal penalties--Disgorgement--Voidable contract
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Any person who knowingly violates §§
3-23-6
to
3-23-8
, inclusive, shall be removed from office or employment and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§
3-23-6
to
3-23-8
, 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 person described in §
3-23-6
who has submitted a good faith disclosure or request for authorization pursuant to §
3-23-8
may be convicted of a crime under this chapter. Any benefit to a person derived from the person's knowing violation of §§
3-23-6
to
3-23-8
, inclusive, is subject to disgorgement . Any contract made in violation of §§
3-23-6
to
3-23-8
, inclusive, is voidable by the governing body of the local service agency, school district, or cooperative education service unit.

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