3-8-3. Salaried state officer retaining money received as theft.
Any officer receiving a salary from the state who shall keep or retain any money, emolument, fee, or perquisite, paid to or received by him for the performance of any duty or duties connected with his office, or in any manner paid to him as such officer or by reason of his holding such office is guilty of theft. It is the intent and meaning of this section that no officer receiving a salary from the state shall keep or retain any money, emolument, fee, or perquisite paid to him by reason of his holding such office, other than the annual salary payable to such officer as provided by the Constitution.
Source: SL 1901, ch 127, §1; RPolC 1903, §314; RC 1919, §6965; SDC 1939, §55.2304; SL 1980, ch 24, §41.