State of South Dakota
LEGISLATIVE ASSEMBLY, 2012
HOUSE BILL NO. 1139
Introduced by: Representatives Nelson (Stace), Deelstra, Greenfield, Hansen (Jon), Hubbel,
Kloucek, Kopp, Miller, Russell, Sly, Steele, Tornow, Venner, Verchio, and
Wick and Senators Rampelberg, Begalka, Lederman, and Novstrup (Al)
FOR AN ACT ENTITLED, An Act to revise certain provisions relating to identity theft and
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF SOUTH DAKOTA:
Section 1. That § 22-40-8 be amended to read as follows:
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.
Section 2. That chapter 22-40 be amended by adding thereto a NEW SECTION to read as
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.