SDCL § 33-10-93: Malfeasance of sheriff or marshal.

Refusal or neglect by the sheriff or marshal to execute any warrant required in § 33-10-91 or to return and pay all the money collected as fines subjects the offending sheriff or marshal to double the amount of such fines and penalties. The conversion to personal use of moneys so collected by any sheriff or marshal is theft and shall be prosecuted as such in any court of the state having jurisdiction in such cases.