{"data":{"id":"us-sd/sdcl-23-3-72","jurisdiction":"us-sd","citation":"SDCL § 23-3-72","heading":"Affidavit alleging fraud, bribery, or gifts violation by public official--Investigation--Referral to state's attorney or attorney general.","body":"Any person may file a sworn affidavit with the Division of Criminal Investigation alleging:\n(1) Fraud by an elected official, public officer, or public employee in the performance of any duty imposed by law on the elected official, public officer, or public employee pursuant to § 22-30A-10;\n(2) Bribery in public office pursuant to § 2-12-9, 22-12A-7, or 22-12A-11; or\n(3) An intentional violation of any limit on gifts to public officials under chapter 2-12.\nThe person filing the affidavit with the Division of Criminal Investigation shall provide the subject of the affidavit with a copy of the affidavit by certified mail. The division shall review the facts alleged in the sworn affidavit and may initiate and conduct an investigation to determine if a law has been violated. If the division has cause to believe that a law has been violated, the division shall refer the matter to a state's attorney or the attorney general for prosecution and shall notify the subject of the affidavit of the referral by certified mail.","path":["TITLE 23. LAW ENFORCEMENT","CHAPTER 23-3. LAW ENFORCEMENT AGENCIES"],"source_url":"https://sdlegislature.gov/Statutes/23-3-72","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"10dd79f27791da8cba537bcaa49f1e8ecb26e15a4d5956ba01b149bfb5a0f44e","source_id":"us-sd","stale":false,"prev":"us-sd/sdcl-23-3-71","next":"us-sd/sdcl-23-3-73"},"notice":"GroundRules: Original legal text. Not legal advice."}