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Can you summarize SDCL Chapter 22-25A?
CRIMES > Internet Gambling
Short Summary
The provided legal document content pertains to the regulation of internet gambling in South Dakota. The chapter does not apply to the South Dakota Lottery and its licensees, as well as the South Dakota Commission on Gaming and its licensees, who are engaged in conduct authorized, licensed, and regulated under specific provisions. The attorney general or state’s attorney has the authority to seek a preliminary restraining order to prevent a person from transmitting bets or wagers or information related to gambling as a condition of bond pending trial. The attorney general also has the power to notify a gambling business that its website is illegal in the state and list the penalties for violating the relevant section. Violations of this chapter can be prosecuted by the attorney general or the state’s attorney. If found guilty, the attorney general or state’s attorney may seek a permanent injunction against the person or gambling business from transmitting bets or wagers or related information. Violating Section 22-25A-7 or Section 22-25A-8 is considered a felony, with Class 6 felony for a first offense and Class 5 felony for a second or subsequent offense. The chapter prohibits the establishment of a location or site in South Dakota for conducting a gambling business on or over the internet or an interactive computer service, as well as the use of the internet or an interactive computer service to bet or wager by a person engaged in a gambling business. The document provides definitions for terms such as state, interactive computer service, internet, gambling business, and bet or wager. It also clarifies that a violation occurs if it originates or terminates in South Dakota, with each individual bet or wager offered in violation constituting a separate violation. The term person includes various entities, including individuals, associations, partnerships, corporations, political subdivisions, and Indian tribes.
Whom does it apply to?
Any person engaged in a gambling business, the South Dakota Lottery and its licensees, the South Dakota Commission on Gaming and its licensees
What does it govern?
Internet gambling
What are exemptions?
The South Dakota Lottery and its licensees, the South Dakota Commission on Gaming and its licensees
What are the Penalties?
For a first offense, a Class 6 felony; For a second or subsequent offense, a Class 5 felony
Jurisdiction
South Dakota