{"parents":[{"StatuteId":2077726,"Type":"Title","Statute":"61"},{"StatuteId":2078086,"Type":"Chapter","Statute":"6"},{"StatuteId":2078058,"Type":"Section","Statute":"40"}],"Previous":"61-6-39","Next":"61-6-41","StatuteId":2078058,"Statute":"61-6-40","Type":"Section","CatchLine":"Obtaining or attempting to obtain benefits by misrepresentation as misdemeanor or felony--Aggregation of benefits obtained to determine degree of offense. ","FilePath":null,"FileName":null,"Htmlpath":null,"Htmlfilename":null,"Title":61,"TitleLetter":null,"Chapter":6,"ChapterLetter":null,"Section":40,"SubSec":0,"SubSection":null,"Word":null,"Html":"

61-6-40. Obtaining or attempting to obtain benefits by misrepresentation as misdemeanor or felony--Aggregation of benefits obtained to determine degree of offense.

A person who attempts to obtain benefits or payments in violation of § 61-6-38, but does not obtain any benefits or payments, or a person who violates § 61-6-38 and obtains benefits or payments in an amount of two hundred dollars or less, is guilty of a Class 1 misdemeanor. A person who violates § 61-6-38 and obtains benefits or payments of more than two hundred dollars is guilty of a Class 6 felony. Benefits or payments obtained during the course of a twelve month period are aggregated in determining the degree of the offense.

Source: SL 1979, ch 348, § 11; SDCL § 61-6-24.1; SL 2012, ch 252, § 59.

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