SDCL § 22-40-8: Identity theft--Felony.

If any person, without the authorization or permission of another person and with the intent to deceive or defraud:

(1) Obtains, possesses, transfers, uses, attempts to obtain, or records identifying information not lawfully issued for that person's use; or

(2) Accesses or attempts to access the financial resources of that person through the use of identifying information;

such person commits the crime of identity theft. Identity theft committed pursuant to this section is a Class 6 felony.