SDCL § 43-43A-2: Pirating recorded sound or dealing in pirated recordings as felony.

Except as provided in § 43-43A-4, or with the express consent of the owner, it is a Class 6 felony for any person to knowingly:

(1) Transfer or cause to be transferred any sounds recorded on a phonograph record, disc, tape, wire, film, or other article on which sound is recorded, with the intent to sell or cause to be sold or to use or cause to be used for profit through public performance the article on which such sounds are so transferred; or

(2) Manufacture, distribute, advertise or sell, offer for sale, or possess for the purpose of sale, at wholesale or retail, any such article on which sounds have been so transferred.