There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 22-30A-3 — Theft by deception.
22-30A-3. Theft by deception. Any person who obtains property of another by deception is guilty of theft. A person deceives if, with intent to defraud, that person:
(1) Creates or reinforces a false
impression, including false impressions as to law, value,
intention, or other state of mind. However, as to a person's
intention to perform a promise, deception may not be inferred from
the fact alone that that person did not subsequently perform the
promise;
(2) Prevents another from acquiring
information which would affect the other person's judgment of a
transaction;
(3) Fails to correct a false impression
which the deceiver previously created or reinforced, or which the
deceiver knows to be influencing another to whom the deceiver
stands in a fiduciary or confidential relationship; or
(4) Fails to disclose a known lien,
adverse claim, or other legal impediment to the enjoyment of
property which the deceiver transfers or encumbers in consideration
for property the deceiver obtains, whether such impediment is or is
not valid, or is or is not a matter of official record.
The term,
deceive, does not, however, include falsity as to matters having no
pecuniary significance or puffing by statements unlikely to deceive
reasonable persons.
Source: SL 1976, ch 158, § 30A-9; SL 2005, ch 120, § 52.
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