South Dakota § 3-23-5 - Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract.
Full text of South Dakota South Dakota Codified Laws § 3-23-5 — Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract., with citation guidance and answers to common questions.
§ 3-23-5. Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract.
Any elected or appointed state authority, board, or commission member who knowingly violates §§ 3-23-1 to 3-23-4, inclusive, shall be removed from the authority, board, or commission and is guilty of a Class 1 misdemeanor. Any person who knowingly violates §§ 3-23-1 to 3-23-4, inclusive, and is also guilty of theft under chapter 22-30A, shall be penalized at the next greater class of penalty prescribed by chapters 22-6 and 22-30A. No authority, board, or commission member who has submitted a good faith request for authorization pursuant to § 3-23-3 may be convicted of a crime under this chapter. Any benefit to the authority, board, or commission member in violation of §§ 3-23-1 and 3-23-2 is subject to disgorgement and any contract made in violation of this chapter is voidable by the authority, board, or commission.
Source: SL 2016, ch 33, § 5; SL 2017, ch 31, § 9.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 3-23-5
What does South Dakota Codified Laws § 3-23-5 cover?
Section 3-23-5 ("Removal of state authority, board, or commission member for violation--Criminal penalties--Disgorgement--Voidable contract.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 3-23-5?
A common citation format is "South Dakota Codified Laws § 3-23-5" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 3-23-5 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.