Law / United States / 
South Dakota
South Dakota Unlawful Use of a Computer System, Software, or Data
SDCL §§ 43-43B-1 to 43-43B-3, 43-43B-7, 43-43B-8
In force.
A computer misuse rule binding public and private bodies.
- Audit expectation
- none
What it requires
- Do not access, or exceed authorized access to, a South Dakota-connected computer system, software, or data without the consent of the owner; this chapter turns on consent rather than on a technical access barrier, so it reaches ordinary unauthenticated automated access as well as authenticated access.NIST AI RMFMAP 4.1
- Do not copy or obtain information from a computer system, compromise its security controls, or use or disclose access codes or passwords, without the owner's consent; violating this is a Class 6 felony.NIST AI RMFMAP 4.1
- Do not disrupt, deny, or inhibit access to software, data, or a computer system, or modify, change, alter, destroy, or disable software, data, or a computer system, without the owner's consent; these acts carry felony exposure up to a Class 2 felony (up to twenty-five years and a $50,000 fine) where the access is also part of a deceptive scheme to obtain money, property, or services.no control in the NIST AI RMF
- This chapter does not itself create a private civil cause of action for a violation, but it also does not limit or diminish one that exists independently under other law.
These lines are LexLint's reading of the law's text.
In the frameworks
- NIST AI RMF
- MAP 4.1Approaches for mapping AI technology and legal risks of its components – including the use of third-party data or software – are in place, followed, and documented, as are risks of infringement of a third party’s intellectual property or other rights.
Our reading of where this law's duties sit in each framework, and in the NIST AI RMF, line by line beside each duty above. It never says that running a control meets the law. How we read a framework against the law
If you get it wrong
Criminal exposureYes
Private right of actionNo
Criminal exposure note
Grading under SDCL § 43-43B-3 tracks the nine acts listed in § 43-43B-1: bare unauthorized access or use (subd. (1)) is a Class 1 misdemeanor (up to one year in a county jail or a $2,000 fine, or both); accessing confidential data, or copying, compromising, or disclosing access codes (subds. (2)-(3)), is a Class 6 felony (up to two years or a $4,000 fine, or both); disrupting, denying, or inhibiting access to software or data (subd. (4)) is a Class 5 felony (up to five years and a $10,000 fine); disrupting access to a computer system, or modifying software or data (subds. (5)-(6)), is a Class 4 felony (up to ten years and a $20,000 fine); destroying or disabling a computer system, software, or data (subds. (8)-(9)) is a Class 3 felony (up to fifteen years and a $30,000 fine); and deceptive unauthorized access to obtain money, property, or services (subd. (7)) is a Class 2 felony (up to twenty-five years and a $50,000 fine).
Penalty structure
Ceiling for the top tier, a Class 2 felony under SDCL § 43-43B-3(6) for deceptive unauthorized access to obtain money, property, or services; lower tiers carry lower caps.
- Rule
- Fixed only
- As of
- Currency
- USD
- Fixed cap
- 50,000
What it makes you log
Logging duty
Sections 43-43B-1 to 43-43B-3, 43-43B-7 and 43-43B-8 list the unlawful uses of a computer system, define terms, grade the penalties, leave civil rights unchanged and set county venue. None requires a log or record. The venue section assigns a county and is not a territorial hook.
- Kind
- None
- As of
What this law does
SDCL § 43-43B-1 makes it unlawful for a person to knowingly access, or exceed authorized access to, copy or obtain information from, disrupt or deny access to, or modify or destroy a computer system, software, or data, in each case without the consent of the owner; ordinary automated access to a page the operator has made generally available is not itself addressed by any reported South Dakota decision.
Section 43-43B-3 grades the nine listed acts from a Class 1 misdemeanor up to a Class 2 felony depending on which act was committed and, for the top tier, whether it was done as part of a deceptive scheme to obtain money, property, or services; § 43-43B-7 states that the chapter neither creates nor forecloses a private civil claim over the same conduct. The sections this entry groups came into force on different days.
When LexLint raises it
When your app profile says your app crawls the web.
Back to the example · Lint your app
Page updated .