Any contractor, subcontractor, or supplier on any improvement of real estate, mines, or public utilities within the purview of this chapter who knowingly uses more than five hundred dollars of the proceeds of any payment made to him on account of such improvement by the owner of such real estate or person having the improvement made, for any other purpose than the payment for labor, skill, materials, and machinery contributed to such improvement while any account for such labor, skill, material, or machinery furnished for such improvement up to the time of such payment remains unpaid and due and owing under the credit terms arranged, is guilty of theft of the proceeds of such payment. It is not a violation of this section to withhold funds from a contractor, subcontractor, or supplier pending the completion and final approval of his work or product.
S.D. Codified Laws § 44-9-13
Misappropriation of funds by contractor, subcontractor, or supplier--Theft
Applied in 3 court decisions — leading case MANN v. Boese (In Re Boese) (1981)
Most recently applied in State v. Suchor (January 2021)
Source: SL 1917, ch 296; RC 1919, § 1658; SDC 1939, § 39.9901; SL 1981, ch 177, § 1; SL 1983, ch 307
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.