FOR AN ACT ENTITLED, An Act to revise certain provisions relating to identity theft and employment.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
    Section 1. That § 22-40-8 be amended to read as follows:
    22-40-8. If any person A person commits identity theft if the person, without the authorization or permission of another person and with the intent to deceive or defraud, does any of the following:

            (1)    Obtains, possesses, transfers, uses, attempts to obtain, or records identifying information pertaining to the other person that are not lawfully issued for that the first person's use; or

            (2)    Accesses or attempts to access the financial resources of that the other person through the use of the other person's identifying information;
such person commits the crime of identity theft.

    Identity theft committed pursuant to as provided in this section is a Class 6 felony.

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    Section 2. That chapter 22-40 be amended by adding thereto a NEW SECTION to read as follows:

    A person commits identity theft if the person:

            (1)    Attempts to use another person's identifying information, as defined in § 22-40-9, with the intent to obtain or continue employment;

            (2)    In hiring an employee, accepts any personal identifying information of another person from an individual, knowing that the individual is not the actual person identified by that information, and uses that identity information for the purpose of determining whether the individual who presented the identity information has the legal right or authorization under federal law to work in the United States as provided in 8 United States Code section 1324a, as amended to January 1, 2012.

    Identity theft as provided in this section is a Class 6 felony.