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South Dakota

South Dakota State Victim Resources:

Attorney General

Phone: (605) 773-3215
www.atg.sd.gov

South Dakota Department of Motor Vehicles
www.state.sd.us/drr2/motorvehicle/index.htm

Agencies that offer assistance to IDT victims:

Dakota Plains Legal Services, Inc.                                                                 
Program Phone: (605) 856-4444   
Legal Assistance: (800) 658-2297   
http://www.dpls.org/

East River Legal Services                                                                          
Program Phone: (605) 336-9230   
Legal Assistance: (800) 952-3015

Security Freeze Law:

State law allows victims of identity theft with supporting documentation such as a police report to place security freezes on their consumer credit reports to prevent identity thieves from opening new accounts in their names. Such a freeze enables the consumer to prevent anyone from looking at his/her credit report for the purpose of granting credit unless the consumer chooses to allow a particular business look at the information. To request a freeze, a consumer must request one in writing to the credit reporting agencies.

No fees may be charged. The reporting agency must place the freeze within five business days after receiving the request, and within ten days must send a written confirmation of the freeze and provide the consumer with a unique personal identification number or password to be used by the consumer when providing authorization for the release of his credit for a specific party or period of time.

Requests for a temporary unlocking of the freeze must be completed within three business days. The freeze will be in effect for seven years or until lifted by the consumer.
Statute: §54-15-1 through 54-15-16

How to Place a Security Freeze: http://consumersunion.org/research/state_security_freeze_laws/#SD

Mandatory Police Report Law for Identity Theft Victims:

No State law at this time.

Identity Theft Passport Law:

No State law at this time.

Identity Theft Laws:

A person is guilty of identity theft if he, without the authorization or permission of another person, and with the intent to deceive or defraud:

  • Obtains, possesses, transfers, uses, attempts to obtain, or records identifying information not lawfully issued for that person's use; or
  • Accesses or attempts to access the financial resources of that person through the use of identifying information.

Violations are a Class 6 felony, punishable by up to two years in prison and/or a $2,000 fine.
Statute: §22-40.8

Identifying information includes: birth certificate or passport information; driver's license numbers; Social Security or other taxpayer identification numbers; checking, savings, credit card, or debit card numbers; personal identification numbers (PIN), passwords, or challenge questions; user names or identifications; biometric data; or any other numbers, documents, or information which can be used to access another person's financial resources.
Statute: §22-40-9

It is a Class 1 misdemeanor offense to impersonate any person, which includes offering a fictitious name or false date of birth, with intent to deceive a law enforcement officer. Violations are punishable by up to one year in jail and/or a fine up to $1000.
Statute: §22-40-1

Jurisdiction

It is not necessary for a person to be physically present in a county to commit identity theft. The crime may be considered to have been committed in any county in which any part of the identity theft took place, regardless of whether the defendant was ever actually in such county.
Statute: §22-40-10

Other Related Laws:

Payment Cards

Any person who uses a credit card issued to another person, without the consent of the person to whom it was issued; uses a credit card which has been revoked or canceled or has expired; or uses a falsified, mutilated, altered, or counterfeit credit card to obtain property or services on credit is guilty of theft. Theft is a misdemeanor, unless the property stolen exceeds $1000, in which case it is grand theft, a Class 4 felony, punishable by up to ten years in prison and/or a fine of up to $20,000.
Statute: §22-30A-8.1

Scanning Devices

State law makes it a class 6 felony to use a scanning device or re-encoder to access and store the information on the magnetic strip of a payment card with intent to defraud the authorized user. Scanning devices are used to access, read, scan, obtain, memorize, or store, permanently or temporarily, that information, while re-encoders are used to place encoded information from the magnetic strip of a payment card onto the magnetic strip of a different payment card. Possession of a scanning device or re-encoder with intent the to use it to defraud is a Class 1 misdemeanor.
Statutes: §22-40-11 through 14

Social Security Numbers

State law prohibits state agencies and their subdivisions from:

  • Knowingly releasing or posting any person's Social Security number (SSN) on the Internet;
  • Requiring any person to transmit his/her SSN over the Internet, unless the connection is secure or the SSN is encrypted; or
  • Requiring any person to use his/her SSN security number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website.

Statute: §1-27-44

State law prohibits the printing of a Social Security number on a driver's license, commercial driver's license, or non-driver identification card.
Statute: §32-12-17.13

 

Information gathered from sources including Identity Theft Resource Center and Identity Crime in partnership with International Association of Chiefs of Police and Bank of America.