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Can you summarize SDCL Chapter 22-40?
CRIMES > Identity Crimes
Short Summary
The legal document addresses various aspects of identity crimes in South Dakota. It defines identity theft as obtaining, possessing, transferring, using, or attempting to obtain identifying information without authorization, or accessing financial resources using identifying information without permission. Identity theft is a Class 6 felony. The document also specifies the types of notice that must be provided in the event of a breach of system security, including written notice, electronic notice, or substitute notice. Substitute notice can be used if the cost of providing notice exceeds $250,000, the affected class of persons to be notified exceeds 500,000, or if the information holder does not have sufficient contact information. The document allows for a delay in notification if it would impede a criminal investigation. It also states that information holders regulated by federal law or regulation are deemed to be in compliance with the notification requirements if they notify affected South Dakota residents in accordance with the provisions of the applicable federal law or regulation. The attorney general may prosecute failures to disclose as deceptive acts or practices and may seek civil penalties of up to $10,000 per day per violation. The document further requires information holders to notify consumer reporting agencies and other credit bureaus or agencies in the event of a breach. It defines various terms related to identity crimes and specifies the types of information considered as identifying information. The document also addresses the possession of fraudulent tribal identification cards, impersonation of judicial officers, counterfeiting written instruments, and the use of reencoders or scanning devices to obtain payment card information without permission. Penalties for these offenses range from Class 1 misdemeanors to Class 6 felonies. The document does not mention any specific exemptions or penalties for non-compliance or violations.
Whom does it apply to?
Any person who commits identity theft, possesses fraudulent tribal identification cards, impersonates a judicial officer, counterfeits written instruments, uses a reencoder or scanning device to obtain payment card information without permission, or owns or possesses a scanning device or reencoder with intent to use it for unauthorized purposes.
What does it govern?
Identity Crimes
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
Identity theft committed under this section is a Class 6 felony. Possessing fraudulent tribal identification cards is a Class 1 misdemeanor. Counterfeiting written instruments is a Class 6 felony. Using a reencoder or scanning device without permission is a Class 6 felony. Owning or possessing a scanning device or reencoder with intent to use it for unauthorized purposes is a Class 6 felony.
Jurisdiction
South Dakota