SOUTH DAKOTA

TITLE 43. PROPERTY
CHAPTER 43-43B. COMPUTER PROGRAMS

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; or



             (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.

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.

43-43B-3. Obtaining use, altering or destroying system, access and disclosure without consent -- Value one thousand dollars or less

      A person convicted of a violation of subdivision 43-43B-1 (1), (2), or (4) where the value of the use,

      alteration, destruction, access or disclosure is one thousand dollars or less is guilty of a Class 1

      misdemeanor.

43-43B-4. Obtaining use, altering or destroying system, access and disclosure without consent -- Value more than one thousand dollars

      A person convicted of a violation of subdivision 43-43B-1 (1), (2), or (4) where the value of the use,

      alteration, destruction, access or disclosure is more than one thousand dollars is guilty of a Class 6 felony.

43-43B-5. Obtaining use, altering or destroying system as part of deception-- Value one thousand dollars or less

      A person convicted of a violation of subdivision 43-43B-1 (3) where the value of the money,

      property or services obtained is one thousand dollars or less is guilty of a Class 1 misdemeanor.

      A person convicted of a violation of subdivision 43-43B-1 (3) where the value of the money,

      property or services obtained is more than one thousand dollars shall be guilty of a Class 4 felony.

43-43B-7. Civil rights not affected

      The provisions of this chapter shall neither enlarge nor diminish the rights of parties in civil

      litigation.

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.