South Dakota § 61-6-40 - Obtaining or attempting to obtain benefits by misrepresentation as misdemeanor or felony--Aggregation of benefits obtained to determine degree of offense.
Full text of South Dakota South Dakota Codified Laws § 61-6-40 — Obtaining or attempting to obtain benefits by misrepresentation as misdemeanor or felony--Aggregation of benefits obtained to determine degree of offense., with citation guidance and answers to common questions.
§ 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.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 61-6-40
What does South Dakota Codified Laws § 61-6-40 cover?
Section 61-6-40 ("Obtaining or attempting to obtain benefits by misrepresentation as misdemeanor or felony--Aggregation of benefits obtained to determine degree of offense.") 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 § 61-6-40?
A common citation format is "South Dakota Codified Laws § 61-6-40" (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 § 61-6-40 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.