SOUTH DAKOTA
TITLE:	COMPUTER PROGRAMS
DEFINITIONS:	¤ 43-43B-2.  DEFINITION OF TERMS

Terms used in this chapter. unless the context 
requires otherwise, mean:

(1)  "Computer," an internally programmed, 
general purpose digital device capable of 
automatically accepting data, processing data and 
supplying the results of the operation;  

(2)  "Computer system," a set of related, connected 
devices, including a computer and other devices, 
including but not limited to data input and output 
and storage devices, data communications links, 
and computer programs and data, that make the 
system capable of performing the special purpose 
data processing tasks for which it is specified;  

(3)  "Computer program," a series of coded 
instructions or statements in a form acceptable to 
a computer, which causes the computer to process 
data in order to achieve a certain result;

(4)  "Access," to instruct, communicate with, store 
data in, retrieve data from a computer, computer 
system or computer network.
OFFENSES:	¤ 43-43B-1.  UNLAWFUL USES OF COMPUTER
ELEMENTS:	¤ 43-43B-1.  UNLAWFUL USES OF COMPUTER

A person is guilty of unlawful use of a computer if 
he:

(1)  Knowingly obtains the use of, or accesses, a 
computer system, or any part thereof, without the 
consent of the owner;

(2)  Knowingly alters or destroys computer 
programs or data without the consent of the 
owner;

(3)  Knowingly obtains use of, alters, accesses or 
destroys a computer system, or any part thereof, 
as part of a deception for the purpose of obtaining 
money, property or services from the owner of a 
computer system or any third party; or

(4)  Knowingly uses or discloses to another or 
attempts to use or disclose to another the 
numbers, codes, passwords or other means of 
access to a computer, computer program or 
computer system without the consent of the 
owner.
PENALTIES:	¤ 43-43B-3.  OBTAINING USE, ALTERING OR 
DESTROYING SYSTEM WITHOUT CONSENTÑVALUE 
ONE THOUSAND DOLLARS OR LESS

A person convicted of a violation of subdivision (1) 
or (2) of ¤ 43-43B-1 where the value of the use, 
alteration, destruction, access or disclosure is one 
thousand dollars or less is guilty of a Class 2 
misdemeanor.

¤ 43-43B-4.  OBTAINING USE, ALTERING OR 
DESTROYING SYSTEM WITHOUT CONSENTÑVALUE 
MORE THAN ONE THOUSAND DOLLARS  

A person convicted of a violation of subdivision (1) 
or (2) of ¤ 43-43B-1 where the value of the use, 
alteration, destruction, or destruction is more than 
one thousand dollars is guilty of a Class 1 
misdemeanor.

¤ 43-43B-5.  OBTAINING USE, ALTERING OR 
DESTROYING SYSTEM AS PART OF DECEPTIONÑ
VALUE ONE THOUSAND DOLLARS OR LESS

A person convicted of a violation of subdivision 
(3), of ¤ 43-43B-1 where the value of the money, 
property or services obtained is one thousand 
dollars or less is guilty of a Class 1 misdemeanor.

¤ 43-43B-6.  OBTAINING USE, ALTERING OR 
DESTROYING SYSTEM AS PART OF DECEPTIONÑ
VALUE MORE THAN ONE THOUSAND DOLLARS

A person convicted of a violation of subdivision 
(3), of ¤ 43-43B-1 where the value of the money, 
property or services obtained is more than one 
thousand dollars shall be guilty of a Class 4 felony.
VENUE:	¤ 43-43B-8.  VENUE FOR VIOLATIONS  

For the purpose of venue under the provisions of 
this chapter, any violation of this chapter shall be 
considered to have been committed: in any county 
in which any act was performed in furtherance of 
any transaction violating this chapter; in any 
county in which any violator had control or 
possession of any proceeds of said violation or of 
any books, records, documents, property, financial 
instrument, computer software, computer program 
or other material, objects or items which were 
used in any county from which, to which or 
through which any access to a computer, computer 
system or computer network was made whether 
by wires, electromagnetic waves, microwaves or 
any other means of communication.
CIVIL REMEDY:	¤ 43-43B-7.  CIVIL RIGHTS NOT AFFECTED

The provisions of this chapter shall neither enlarge 
nor diminish the rights of parties in civil litigation.
CITATION:	S.D. Codified Laws Ann. ¤¤ 43-43B-1 to 43-43B-7.
SOURCE:	S.L. 1982, ch. 300; amended, S.L. 1984, ch. 282.