32-4-1
Duty of law officers to report stolen or recovered vehicles--Holding vehicles.
32-4-2
Repealed.
32-4-3
Check of attorney general's files and examination of application before issuing
certificate of title.
32-4-4
Unauthorized tampering with motor vehicle--Misdemeanor.
32-4-5
Receiving or transferring possession of vehicle known to have been stolen--Felony--Provision supplementary to other penalties.
32-4-6, 32-4-7. Repealed.
32-4-8
Certificate forms--Unauthorized possession prohibited--Violation as felony.
32-4-9
Alteration or removal of vehicle identification number prohibited--Violation as
felony.
32-4-10
Possessing vehicle, trailer, or part with altered or removed identification number
prohibited--Violation as felony.
32-4-10.1
Forfeiture of vehicle, trailer or component part--Return to lawful owner not
precluded--Assignment of identification number.
32-4-10.2
Forfeiture proceeding--Time of hearing--Standard and burden of proof--Release to
owner on condition of obtaining identification number.
32-4-11
Unauthorized possession of manufacturer's identification plate prohibited--Violation
as felony.
32-4-12
Impounding vehicle or part believed stolen--Disposition.
32-4-13
Trafficking in stolen vehicles or parts--Felony.
32-4-14
Seizure of property on arrest for trafficking--Forfeiture.
32-4-15
Disposition of forfeited property.
32-4-16
Giving false information concerning vehicle registration or titling as felony.
32-4-17
Repealed.
32-4-1. Duty of law officers to report stolen or recovered vehicles--Holding vehicles.
It is the duty of the Division of Criminal Investigation, the highway patrol, the sheriff or deputies of every county of the state, and of the chief of police or commissioner of police of every municipality, of this state to make an immediate report to the attorney general of all motor vehicles reported to them as stolen or recovered. It is the duty of such officer to hold any such vehicle until the records of such vehicle can be checked.
Source: SDC 1939, § 44.0210; SL 1965, ch 186, § 8; SL 1983, ch 230, § 1; SL 1992, ch 60, § 2.
32-4-3. Check of attorney general's files and examination of application before issuing certificate of title.
Before issuing a certificate of title, as provided in chapter 32-3, the secretary of revenue shall check the motor and serial number on the motor vehicle, trailer, or semitrailer to be registered against the attorney general's files. The Department of Revenue shall examine and determine the genuineness, regularity, and legality of every application for registration of a vehicle or for a certificate of title therefore and may in all cases make investigation considered necessary or require additional information. The department shall reject any such application if it is not satisfied with the regularity, legality, the truthfulness of any statement, or for any other reason if authorized by law.
Source: SDC 1939, § 44.0210; SL 1965, ch 186, § 8; SL 1983, ch 230, § 3; SL 2004, ch 17, § 46; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-4-4. Unauthorized tampering with motor vehicle--Misdemeanor.
Any person who tampers with the motor vehicle of another, with intent to injure the same or cause inconvenience to the owner or person lawfully in charge of the vehicle under such circumstances as not to constitute theft, is guilty of a Class 1 misdemeanor.
Source: SDC 1939, § 44.9902; SL 1968, ch 176; SL 1981, ch 177, § 10; SL 1983, ch 230, § 4.
32-4-5. Receiving or transferring possession of vehicle known to have been stolen--Felony--Provision supplementary to other penalties.
Any person who, with intent to procure or pass title to a motor vehicle which he knows, or has reason to believe, has been stolen, shall receive or transfer possession of the same from or to another, or who shall have in his possession any motor vehicle which he knows, or has reason to believe, has been stolen, and who is not an officer of the law engaged at the time in the performance of his duty as such officer, shall be guilty of a Class 5 felony. This provision shall not be exclusive of any other penalties prescribed by any existing or future laws for theft or unauthorized taking of motor vehicles, but shall be deemed supplementary thereto.
Source: SDC 1939, § 44.9911; SL 1981, ch 177, § 11.
32-4-8. Certificate forms--Unauthorized possession prohibited--Violation as felony.
No person may have in possession any blank or partially executed certificate of title and registration, certificate of registration, certificate of title, or other similarly styled form or document, whether genuine or counterfeit, of this or any other state or country, which is of a type that, when genuine and properly issued, evidences ownership of a vehicle under the laws of this or another state or country, and surrender of which is required in order to sell, transfer, register, or title a motor vehicle or trailer in this state.
Except, a person may possess such forms or documents if the person is:
(1) An employee of a manufacturer or printer of the form or document and possesses the form or document in the normal course of the business of design or manufacture in connection with bid invitation, bid, or contract with a government agency related to supplying the forms for governmental use;
(2) An employee of a shipper or agency under whose direction the forms are being shipped or delivered to a state or local agency charged with receiving, distributing, or issuing the forms or documents, when they are in a container sealed under governmental direction;
(3) An employee of a state agency who possesses the forms or documents in the course of carrying out the employee's official duties;
(4) A county treasurer or any employee of the treasurer whose official work duties require the handling of the forms or documents and the treasurer or employee possesses them within the confines of the county's official storage space or immediately incidental to placing them in such places;
(5) In possession of the form or document and it is prominently and indelibly marked on its face, either specimen, void, or sample.
A violation of this section is a Class 6 felony.
Source: SL 1983, ch 230, § 7; SL 1989, ch 255, § 8; SL 2003, ch 160, § 14.
32-4-9. Alteration or removal of vehicle identification number prohibited--Violation as felony.
No person may intentionally remove, deface, alter, destroy, cover, or obscure any vehicle identification number or other distinguishing number of a motor vehicle or trailer or any part thereof in this state, without written authorization from the Department of Revenue, nor may any person place or stamp in place of the original manufacturer's serial, motor, or other number or mark upon a vehicle, any number except one assigned by the department under the provisions of chapter 32-3 or authorized agency of another state. A violation of this section is a Class 6 felony.
Source: SL 1983, ch 230, § 8; SL 1989, ch 255, § 9; SL 2004, ch 17, § 47; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-4-10. Possessing vehicle, trailer, or part with altered or removed identification number prohibited--Violation as felony.
No person may knowingly buy, sell, offer for sale, receive, or have in his possession, any titled motor vehicle or trailer or component part thereof, from which the original manufacturer's vehicle identification number or serial number has been removed, defaced, altered, obscured, or destroyed unless the vehicle or component part has an identification number attached to it, assigned or approved by the Department of Revenue under the provisions of § 32-3-22 or authorized agency of another state in lieu of the manufacturer's number. A violation of this section is a Class 6 felony.
Source: SL 1983, ch 230, § 9; SL 1988, ch 239, § 1; SL 1989, ch 255, § 10; SL 2004, ch 17, § 48; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-4-10.1. Forfeiture of vehicle, trailer or component part--Return to lawful owner not precluded--Assignment of identification number.
Any motor vehicle, trailer, or component part described in § 32-4-10 is deemed contraband and no property right exists in it. If such motor vehicle, trailer, or component part comes into the custody of a law enforcement officer, it shall be forfeited under the procedure established in § § 34-20B-85 to 34-20B-87, inclusive. Nothing in this section precludes the return of such a motor vehicle, trailer, or component part to its lawful owner following presentation of satisfactory evidence of ownership and assignment of an identification number by the Department of Revenue under the provisions of § 32-3-22.
Source: SL 1988, ch 239, § 2; SL 2004, ch 17, § 49; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-4-10.2. Forfeiture proceeding--Time of hearing--Standard and burden of proof--Release to owner on condition of obtaining identification number.
A forfeiture proceeding as provided in § 32-4-10.1, shall be set for hearing within sixty days from the date of filing the verified answer. At the hearing, the state shall establish by a preponderance of the evidence that the original manufacturer's vehicle identification number or serial number on the motor vehicle, trailer, or component part has been removed, defaced, altered, obscured, or destroyed and that such vehicle or component part had no identification number attached to it as described in § 32-4-10. If the court finds that the state has met this burden, it shall order the motor vehicle, trailer or component part forfeited. If the court finds that the property is not subject to forfeiture, it shall order the property released to the owner, party in interest or claimant, as his right, title, or interest appears on the condition that such person obtain an identification number from the Department of Revenue under the provisions of § 32-3-22.
Source: SL 1988, ch 239, § 3; SL 2004, ch 17, § 50; SL 2011, ch 1 (Ex. Ord. 11-1), § 161, eff. Apr. 12, 2011.
32-4-11. Unauthorized possession of manufacturer's identification plate prohibited--Violation as felony.
No person may possess a manufacturer's vehicle identification number plate unless it is attached to the vehicle or vehicle part to which it was originally affixed by the manufacturer, nor may a person have any facsimile of such a plate.
This section does not prohibit possession of legitimate plates by persons:
(1) Whose possession is incident to a contract to supply them to a manufacturer of new motor vehicles or when the plates are in possession of a manufacturer of new vehicles or the manufacturer's employee who possesses them within the scope of his work;
(2) Who are authorized in writing by the secretary of revenue to possess the plates.
A violation of this section is a Class 6 felony.
Source: SL 1983, ch 230, § 10; SL 1989, ch 255, § 11.
32-4-12. Impounding vehicle or part believed stolen--Disposition.
If a peace officer has probable cause to believe that a motor vehicle or trailer or any component part of a vehicle is stolen, he shall impound the vehicle or part and notify its lawful owner and the agency to which the theft was reported of its recovery and location.
A vehicle or component part which has been impounded pursuant to this section shall be released to its lawful owner if the owner presents satisfactory evidence of his ownership.
A vehicle or component part that has been impounded under this section and which has not been claimed within ninety days following notice of recovery to the owner or if the owner cannot be located after a reasonable effort within ninety days following impoundment is forfeited and shall be disposed of in accordance with § 32-30-16.
Source: SL 1983, ch 230, § 11.
32-4-13. Trafficking in stolen vehicles or parts--Felony.
Any person or entity knowingly in possession or control of two or more motor vehicles or trailers or their major component parts or assemblies such as, but not limited to, an engine, transmission, chassis, frame, front clip, rear clip, that are stolen, have had their identity obscured, removed, or altered except as an immediate result of the final destruction by crushing, flattening, grinding up, or shredding of a vehicle or vehicle part for purposes of recycling its metallic content, have stolen parts on them or are comprised of any combination of the above, is trafficking in stolen vehicles or stolen vehicle parts.
Trafficking in stolen vehicles or stolen vehicle parts is a Class 4 felony.
Source: SL 1983, ch 230, § 12.
32-4-14. Seizure of property on arrest for trafficking--Forfeiture.
Upon the arrest of any person or entity for violation of § 32-4-13, the law enforcement officer may seize all vehicles or vehicle parts, all vehicles and other equipment used to transport such vehicle or vehicle parts, all tools, equipment, and other materials and all real and personal property and all money or other proceeds used or acquired as a result of such violation.
Upon the conviction of any person or entity, all items seized shall be forfeited to the state in a manner consistent with §§ 34-20B-85 to 34-20B-88, inclusive.
Source: SL 1983, ch 230, § 13.
32-4-15. Disposition of forfeited property.
If property is forfeited under this chapter, the secretary of public safety or the attorney general may retain the property for official use or sell any forfeited property which is not required to be destroyed by law and which is not harmful to the public, provided that the proceeds be disposed of for payment of all proper expenses of the proceedings for forfeiture and sale including expenses of seizure, maintenance of custody, advertising, and court costs. All moneys seized or proceeds remaining from the sale of forfeited property shall be paid into the general fund.
Source: SL 1983, ch 230, § 14; SL 2004, ch 17, § 51.
32-4-16. Giving false information concerning vehicle registration or titling as felony.
Any person who knowingly gives false, fraudulent, or erroneous information in connection with an application for the registration or titling of a vehicle or any application for assignment of a vehicle identification number or replacement documents or gives such information in connection with a review of such applications or falsely certifies the truthfulness and accuracy of information supplied in connection with the registration and when required, titling of a vehicle, is guilty of a Class 6 felony.
Source: SL 1983, ch 230, § 15.
