Public-domain · open source

S.D. Codified Laws § 53-9-2

Gambling contracts void

Applied in 2 court decisions — leading case Bayer v. Burke (1983)

Most recently applied in Neve v. Davis (November 2009)

Source: SL 1907, ch 155, § 3; RC 1919, § 3929; SDC 1939, § 24.0102; SL 2010, ch 230, § 1.

Any contract:

(1) In which the whole or any part of the contractual consideration is money or other valuable consideration, won or lost as a result of the outcome of any game of any kind, under any name or by any means; or

(2) In which the contract is for the repayment of money or other valuable consideration, lent or advanced, for the purpose of gambling in connection with any game, play, bet, or wager;

is void to the extent that the consideration constitutes a gambling win or loss or is a loan or advance for the purpose of gambling. However, any contract where the creditor is a regulated lender as defined in § 54-3-14, or any other good faith lender, is not subject to this section.

Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.