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CHAPTER 22-29

PERJURY AND FALSE OFFICIAL STATEMENTS

22-29-1      Perjury--Violation.
22-29-2      Statement not known to be true.
22-29-3      Incompetence of witness no defense.
22-29-4      Lack of knowledge of materiality of statement no defense.
22-29-5      Felony classes of perjury.
22-29-6      Subornation of perjury--Violation--Punishment.
22-29-7      Repealed.
22-29-8      Oath defined--Irregular oath.
22-29-9      Oath relating to future performance of official duty.
22-29-9.1      Oath required on certain documents to obtain state benefits--Statement in lieu of oath--Perjury.
22-29-10      Deposition or certificate as complete upon delivery--Intent.
22-29-11      Obtaining money, property, or assistance by fraud from social services or related programs prohibited.
22-29-12      Failure to report changed circumstances affecting eligibility for assistance.
22-29-13      Receipt of assistance on behalf of another as personal receipt.
22-29-14      Unsuccessful attempt to obtain assistance as misdemeanor.
22-29-15      Obtaining assistance with value of two hundred dollars or less as misdemeanor.
22-29-16      Obtaining assistance with value of more than two hundred dollars as felony.
22-29-17      Aggregation of amounts from violations with one scheme or course of conduct.
22-29-18      Sufficiency of evidence for conviction.
22-29-19      False statement on application to state agency for loan, grant, or other financial assistance for business or agriculture--Felony.


     22-29-1.   Perjury--Violation. Any person who, having taken an oath to testify, declare, depose, or certify truly, before any competent tribunal, officer, or person, in any state or federal proceeding or action in which such an oath may by law be administered, states, intentionally and contrary to the oath, any material matter which the person knows to be false, is guilty of perjury.

Source: SDC 1939, § 13.1237; SL 1976, ch 158, § 29-1; SL 2002, ch 113, § 1; SL 2005, ch 120, § 30.


     22-29-2.   Statement not known to be true. Any unqualified statement of that which a person does not know or reasonably believe to be true is equivalent to a statement of that which a person knows to be false.

Source: SDC 1939, § 13.1240; SL 2005, ch 120, § 31.


     22-29-3.   Incompetence of witness no defense. It is no defense to a prosecution for perjury that the accused was not competent to give the testimony, deposition, or certificate of which falsehood is alleged. It is sufficient that the accused actually was required to give such testimony or made such deposition or certificate.

Source: SDC 1939, § 13.1242; SL 2005, ch 120, § 32.


     22-29-4.   Lack of knowledge of materiality of statement no defense. It is no defense to a prosecution for perjury that the accused did not know the materiality of the false statement, or that the false statement did not in fact affect the proceeding in or for which the false statement was made. It is sufficient that the false statement was material and might have been used to affect such proceeding.

Source: SDC 1939, § 13.1242; SL 2005, ch 120, § 33.


     22-29-5.   Felony classes of perjury. Perjury:
             (1)      If committed in any trial for felony, is a Class 3 felony;
             (2)      If committed in any other trial, court proceeding, deposition, or administrative proceeding conducted under oath, is a Class 5 felony;
             (3)      If committed in any other manner proscribed by law, is a Class 6 felony.

Source: SDC 1939, § 13.1238; SL 1976, ch 158, § 29-2; SL 2005, ch 120, § 34; SL 2007, ch 145, § 1.


     22-29-6.   Subornation of perjury--Violation--Punishment. Any person who intentionally procures another person to commit any perjury is guilty of subornation of perjury. Subornation of perjury is punishable in the same manner as perjury, and as if the suborner were personally guilty of the perjury procured.

Source: SDC 1939, § 13.1237; SL 1976, ch 158, § 29-3; SL 2005, ch 120, § 35.


     22-29-7.   Repealed by SL 2005, ch 120, § 36, eff. July 1, 2006.


     22-29-8.   Oath defined--Irregular oath. The term, oath, as used in this chapter, includes any affirmation, and every other mode of attesting the truth of that which is stated, which is authorized by law. It is no defense that the oath was administered or taken in an irregular manner.

Source: SDC 1939, § 13.1239; SL 1976, ch 158, § 29-4; SL 2005, ch 120, § 37.


     22-29-9.   Oath relating to future performance of official duty. So much of an oath of office as relates to future performance of official duty is not sufficient to constitute perjury or subornation.

Source: SDC 1939, § 13.1239.


     22-29-9.1.   Oath required on certain documents to obtain state benefits--Statement in lieu of oath--Perjury. Any person who submits any petition, application, information, or other document for the purpose of obtaining benefits or any other privilege from the State of South Dakota shall verify, under oath, that such petition, application, or information is true and correct. However, it is sufficient if the claimant, in lieu of verification under oath, signs a statement printed or written thereon in the form following: "I declare and affirm under the penalties of perjury that this claim (petition, application, information) has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs such statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.

Source: SL 2002, ch 113, § 3; SL 2005, ch 120, § 39.


     22-29-10.   Deposition or certificate as complete upon delivery--Intent. The making of any deposition or certificate is deemed to be complete, within the provisions of this chapter, from the time when it is delivered by the accused to any other person with intent that it be uttered or published as true.

Source: SDC 1939, § 13.1241; SL 2005, ch 120, § 40.


     22-29-11.   Obtaining money, property, or assistance by fraud from social services or related programs prohibited. No person may knowingly make or execute a false statement, instrument, document, or representation, or to use any other fraudulent device, and thereby obtain money, property, or other assistance to which that person is not entitled, from any program provided for by Title 26, 27A, 27B, or 28, of the South Dakota Codified Laws, or otherwise administered by the South Dakota Department of Social Services.

Source: SL 1977, ch 225, § 1; SL 2005, ch 120, § 41.


     22-29-12.   Failure to report changed circumstances affecting eligibility for assistance. No person may knowingly fail to report any change in circumstances which would affect that person's eligibility for money, property, or other assistance, and thereby obtain money, property, or other assistance to which that person is not entitled, from any program provided for by Title 26, 27A, 27B, or 28, of the South Dakota Codified Laws, or otherwise administered by the South Dakota Department of Social Services.

Source: SL 1977, ch 225, § 2; SL 2005, ch 120, § 42.


     22-29-13.   Receipt of assistance on behalf of another as personal receipt. For the purposes of §§ 22-29-11 to 22-29-17, inclusive, any person who receives money, property, or services, on behalf of any other person, from any program covered by such sections, shall be considered to have received such money for himself or herself.

Source: SL 1977, ch 225, § 6; SL 2005, ch 120, § 43.


     22-29-14.   Unsuccessful attempt to obtain assistance as misdemeanor. Any person who attempts to obtain any money, property, or other assistance, in violation of § 22-29-11 or 22-29-12, but does not thereby obtain any such money, property, or services, is guilty of a Class 1 misdemeanor.

Source: SL 1977, ch 225, § 5; SL 2005, ch 120, § 44.


     22-29-15.   Obtaining assistance with value of two hundred dollars or less as misdemeanor. Any person who violates § 22-29-11 or 22-29-12 and thereby obtains money, property, or other assistance to which such person is not entitled with a value of two hundred dollars or less is guilty of a Class 1 misdemeanor.

Source: SL 1977, ch 225, § 3; SL 2005, ch 120, § 45.


     22-29-16.   Obtaining assistance with value of more than two hundred dollars as felony. Any person who violates § 22-29-11 or 22-29-12 and thereby obtains money, property, or other assistance to which such person is not entitled with a value of more than two hundred dollars is guilty of a Class 6 felony.

Source: SL 1977, ch 225, § 4; SL 2005, ch 120, § 46.


     22-29-17.   Aggregation of amounts from violations with one scheme or course of conduct. Amounts involved in violations of § 22-29-11 or 22-29-12, or both, committed pursuant to one scheme or course of conduct, may be aggregated in determining the degree of the offense.

Source: SL 1977, ch 225, § 7; SL 2005, ch 120, § 47.


     22-29-18.   Sufficiency of evidence for conviction. It is sufficient for a conviction of any offense under this chapter that a finding of guilt is based upon admissible evidence. No minimum number of witnesses is required. In reviewing the sufficiency of the evidence of a conviction under this chapter, the court shall only consider whether there is evidence in the record which, if believed by the trier of fact, is sufficient to sustain a finding of guilty beyond a reasonable doubt.

Source: SL 1984, ch 169; SL 2005, ch 120, § 48.


     22-29-19.   False statement on application to state agency for loan, grant, or other financial assistance for business or agriculture--Felony. Any person who knowingly makes any material false statement or report, or willfully overvalues any land, property or other security, for the purpose of influencing an action of the Board of Economic Development, the Economic Development Finance Authority, any other loan or grant administered by the Governor's Office of Economic Development, the Value Added Finance Authority, the Department of Agriculture, the Department of Environment and Natural Resources, or any other agency, instrumentality, board, commission, or authority of or created by the State of South Dakota, upon any application for a loan, grant, or other financial assistance for a business or agricultural purpose, or the renewal, extension, or modification thereof, is guilty of a Class 6 felony.

Source: SL 2012, ch 130, § 1.


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