22-12A-1      Giving consideration for appointment to or performance of duties of public office--Misdemeanor.
22-12A-2      Receiving consideration for appointment to or employment in public office--Misdemeanor.
22-12A-3      Unlawful appointments or employments void--Official acts not invalidated by subsequent conviction.
22-12A-4      Bribery or unlawful influence of legislators--Felony.
22-12A-5      Solicitation of bribes by legislators--Felony.
22-12A-6      Bribery of public officer--Felony.
22-12A-7      Solicitation of bribe by public officer--Felony.
22-12A-8      Solicitation of unauthorized fee for doing official act--Misdemeanor.
22-12A-9      Solicitation of compensation for omission of official duty.
22-12A-10      Forfeiture of public office for violation--Disqualification from holding other office.
22-12A-11      Bribery of judicial officer or juror--Felony--Forfeiture of office--Disqualification.
22-12A-12      Attempt to influence jurors, arbitrators, or referees--Felony.
22-12A-13      Agreement to give particular effect.
22-12A-14      Solicitations and agreements by witnesses--Felony.
22-12A-15      Offer of forged or fraudulent evidence--Felony.
22-12A-16      Falsification of evidence.
22-12A-17      Fraudulent alteration of bill or resolution as felony.
22-12A-18      Fraudulent alteration of bill after passage as felony.

22-12A-1. Giving consideration for appointment to or performance of duties of public office--Misdemeanor.

Any person who gives, or agrees or offers to give, any gratuity or reward in consideration that that person or any other person be appointed to any public office, or be permitted to exercise, perform, or discharge the prerogatives or duties of any public office, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1109; SDCL, § 3-15-6; SL 1973, ch 23, § 24; SDCL Supp, § 3-6A-45; SL 1976, ch 158, § 12A-1; SL 2005, ch 120, § 329.

22-12A-2. Receiving consideration for appointment to or employment in public office--Misdemeanor.

Any person who, directly or indirectly, asks or receives any consideration for appointing another person or procuring the employment of another person in any public office, or for permitting or agreeing to permit any other person to exercise any of the prerogatives or duties of a public office, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1110; SDCL, § 3-15-7; SL 1973, ch 23, § 24; SDCL Supp, § 3-6A-45; SL 1976, ch 158, § 12A-2; SL 2005, ch 120, § 330.

22-12A-3. Unlawful appointments or employments void--Official acts not invalidated by subsequent conviction.

Any appointment or employment to a public office made contrary to § 22-12A-1 or 22-12A-2 is void. However, no official act performed prior to conviction of any offense prohibited by such sections is invalid.

Source: SDC 1939, § 13.1110; SDCL, § 3-15-8; SL 1976, ch 158, § 12A-3; SL 2005, ch 120, § 331.

22-12A-4. Bribery or unlawful influence of legislators--Felony.

Any person who gives, or offers to give, a bribe to any member of the Legislature, or attempts, directly or indirectly, by menace, deceit, suppression of truth, or any other corrupt means, to influence a member to give or to withhold the member's vote, or to not attend the legislative session, or any committee thereof, is guilty of a Class 4 felony.

Source: SDC 1939, § 13.1008; SDCL, § 2-4-11; SL 1976, ch 158, § 12A-4; SL 2005, ch 120, § 332.

22-12A-5. Solicitation of bribes by legislators--Felony.

Any member of the Legislature who asks, receives, or agrees to receive any bribe upon any understanding that the member's official vote, opinion, judgment, or action be influenced thereby, or who is given any bribe in any manner upon any particular side of any question or matter upon which the member may be required to act in an official capacity, is guilty of a Class 4 felony.

Source: SDC 1939, § 13.1009; SDCL, § 2-4-12; SL 1976, ch 158, § 12A-5; SL 2005, ch 120, § 333.

22-12A-6. Bribery of public officer--Felony.

Any person who gives or offers a bribe to a public officer or employee with intent to influence the officer or employee in respect to any act, decision, vote, opinion, or other proceeding for which the officer or employee is responsible, is guilty of a Class 4 felony.

Source: SDC 1939, § 13.1107; SL 1953, ch 35, § 1; SDCL, § 3-15-4; SL 1976, ch 158, § 12A-6; SL 2005, ch 120, § 334.

22-12A-7. Solicitation of bribe by public officer--Felony.

Any public officer or employee, who asks, receives, or agrees to receive a bribe upon an agreement or understanding that his or her vote, opinion, or action upon any matter then pending, or which may by law be brought before him or her in a public capacity, be influenced thereby, is guilty of a Class 4 felony.

Source: SDC 1939, §§ 13.1108, 45.1509; SL 1953, ch 35, § 2; SDCL, §§ 3-15-5, 9-14-38; SL 1976, ch 158, § 12A-7; SL 2005, ch 120, § 335.

22-12A-8. Solicitation of unauthorized fee for doing official act--Misdemeanor.

Any public officer or employee who asks or receives any fee or consideration for any official service which has not been rendered, except charges for prospective costs or fees demandable in advance, if allowed by law, or who asks or receives any emolument, gratuity, reward, or other consideration excepting as authorized by law, for doing any official act, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1111; SDCL, § 3-15-9; SL 1976, ch 158, § 12A-8; SL 2005, ch 120, § 336.

22-12A-9. Solicitation of compensation for omission of official duty.

Any public officer or employee who asks or receives any emolument, gratuity, reward, or other consideration for omitting or deferring the performance of any official duty, is guilty of a Class 1 misdemeanor.

Source: SDC 1939, § 13.1112; SDCL, § 3-15-10; SL 1976, ch 158, § 12A-9.

22-12A-10. Forfeiture of public office for violation--Disqualification from holding other office.

The public office of any public officer or employee who is convicted of violating any provision contained in this chapter is forfeit. Moreover, such public officer or employee is forever disqualified from holding any public office in this state.

Source: SL 1976, ch 158, § 12A-10; SL 2005, ch 120, § 337.

22-12A-11. Bribery of judicial officer or juror--Felony--Forfeiture of office--Disqualification.

Any person who:

(1)    Gives or offers to give a bribe to any judicial officer or juror or to any person who may be authorized by law to hear or determine any question or controversy, with intent to influence that person's vote, opinion, or decision upon any matter or question which is or may be brought before that person for decision; or

(2)    While acting as a judicial officer or juror, asks, receives or agrees to receive a bribe upon any agreement or understanding that that person's vote, opinion, or decision upon any matter or question which is or may be brought before that person for decision shall be influenced thereby,

is guilty of a Class 4 felony.

In addition, the office of any judicial officer convicted under subdivision (2) of this section is forfeit. Moreover, such judicial officer is forever disqualified from holding any public office under this state.

Source: SDC 1939, §§ 13.1201 to 13.1203; SDCL, §§ 16-15-12 to 16-15-14; SL 1976, ch 158, § 11-7; SL 2005, ch 120, § 338.

22-12A-12. Attempt to influence jurors, arbitrators, or referees--Felony.

Any person who attempts to influence a juror, or any person summoned or drawn as a juror, or chosen an arbitrator or appointed a referee, in respect to any verdict or decision in any cause or matter pending, or about to be brought before such person:

(1)    By means of any communication, oral or written, had with such person, except in the regular course of proceedings upon the trial of the cause;

(2)    By means of any book, paper, or instrument exhibited otherwise than in the regular course of proceedings upon the trial of the cause; or

(3)    By publishing any statement, argument, or observation relating to the cause;

is guilty of a Class 6 felony.

Source: SDC 1939, § 13.1207; SDCL, § 16-15-10; SL 1976, ch 158, § 11-11; SDCL, § 22-11-16; SL 2005, ch 120, §§ 211, 217.

22-12A-13. Agreement to give particular verdict.

Any juror, or person drawn or summoned as a juror, or judicial officer, who makes any promise or agreement to give a verdict for or against any party is guilty of a Class 6 felony.

Source: SL 1976, ch 158, § 11-13; SDCL, § 22-11-18; SL 2005, ch 120, § 217.

22-12A-14. Solicitations and agreements by witnesses--Felony.

Any person who, as a witness or prospective witness in an official proceeding, knowingly solicits, accepts, or agrees to accept any benefit upon the representation or understanding that such person will do any thing described in subdivisions 22-11-19(1) to (4), inclusive, is guilty of a Class 6 felony.

Source: SL 1976, ch 158, § 11-15; SDCL, § 22-11-20; SL 2005, ch 120, §§ 215, 217.

22-12A-15. Offer of forged or fraudulent evidence--Felony.

Any person who, in any trial, proceeding, inquiry, or investigation authorized by law, offers in evidence as genuine, any book, paper, document, record, or other instrument in writing, knowing that it has been forged or fraudulently altered, is guilty of a Class 5 felony.

Source: SL 1939, § 13.1244; SDCL, § 22-39-30; SL 1976, ch 158, § 11-16; SDCL, § 22-11-21; SL 2005, ch 120, §§ 216, 217.

22-12A-16. Falsification of evidence.

Any person who prepares any false book, paper, record, instrument in writing, or other matter or thing with intent to produce it or allow it to be produced as genuine in any trial, proceeding, inquiry, or investigation authorized by law, is guilty of a Class 6 felony.

Source: SDC 1939, § 13.1243; SDCL, § 22-39-29; SL 1976, ch 158, § 11-17; SDCL, § 22-11-22; SL 2005, ch 120, § 217.

22-12A-17. Fraudulent alteration of bill or resolution as felony.

Any person who fraudulently alters the draft of any bill or resolution which has been presented to either house of the Legislature to be passed or adopted, with intent to procure it to be passed or adopted by either house, or certified by the presiding officer of either house, in language different from that intended by such house, is guilty of a Class 6 felony.

Source: SDC 1939, § 13.1006; SL 1980, ch 24, § 24; SL 1985, ch 17, § 10; SDCL, § 2-7-16; SL 2005, ch 120, § 427.

22-12A-18. Fraudulent alteration of bill after passage as felony.

Any person who fraudulently alters a bill which has been passed by the Legislature of this state, with intent to have it approved by the Governor, certified by the secretary of state, or printed or published by the printer of the statutes, in language different from that in which it was passed by the Legislature, is guilty of a Class 6 felony.

Source: SDC 1939, § 13.1007; SL 1979, ch 15, § 7; SDCL, § 2-7-21; SL 2005, ch 120, §§ 427, 428; SL 2006, ch 130, § 5.