South Dakota Statutes
§ 22-46-3 — Theft by exploitation--Penalty.
South Dakota·Title 22 CRIMES·Ch. 22-46 ABUSE, NEGLECT, OR EXPLOITATION OF ELDERS OR ADULTS WITH DISABILITIES
Any person who, having assumed the duty voluntarily, by written contract, by receipt of payment for care, or by order of a court to provide for the support of an elder or an adult with a disability, and having been entrusted with the property of that elder or adult with a disability, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of that person's trust, is guilty of theft by exploitation. Theft by exploitation is punishable as theft pursuant to chapter 22-30A .
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Related
State v. Hauge
932 N.W.2d 165 (South Dakota Supreme Court, 2019)
State v. Warren
462 N.W.2d 195 (South Dakota Supreme Court, 1990)
Hermanek-Peck v. Spry
2022 S.D. 60 (South Dakota Supreme Court, 2022)
Legislative History
SL 1986, ch 186, § 3; SL 1989, ch 30, § 53; SL 2005, ch 120, § 342; SL 2007, ch 147, § 4; SL 2016, ch 120, § 21.
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