South Dakota § 3-1-8 Acting as officer without qualifying as misdemeanor--Validity of acts of de facto officer.

South Dakota Statutes

§ 3-1-8 — Acting as officer without qualifying as misdemeanor--Validity of acts of de facto officer.

South Dakota § 3-1-8

Title 3PUBLIC OFFICERS AND EMPLOYEES

Ch. 3-1QUALIFICATION AND TERMS OF OFFICE

This text of South Dakota § 3-1-8 (Acting as officer without qualifying as misdemeanor--Validity of acts of de facto officer.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 3-1-8 (2026).

Text

Every person who executes any of the functions of a public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, is guilty of a Class 2 misdemeanor; and in addition to the punishment prescribed therefor, he forfeits his right to the office. Nothing in this section shall be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts.

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Every person who executes any of the functions of a public office without having taken and duly filed the required oath of office, or without having executed and duly filed the required security, is guilty of a Class 2 misdemeanor; and in addition to the punishment prescribed therefor, he forfeits his right to the office. Nothing in this section shall be construed to affect the validity of acts done by a person exercising the functions of a public office in fact, where other persons than himself are interested in maintaining the validity of such acts.