Theft by Exploitation

The SD Supreme Court handed down 1 new decision this morning. Summary is set forth below. 1) Multiple Convictions of “theft by exploitation” upheld. Summary follows: STATE v. CLEMENSEN, 2025 S.D. 68: Defendant was found guilty, by jury, of 7 Counts of theft/fraud related charges (“theft by exploitation”) in regard to the misappropriation of more than $500,000 from his mother. Upon receipt of an inquiry initiated by a grandson of the victim, the South Dakota DCI conducted an intensive investigation and caused these charges to be filed. Following the jury convictions, the trial court imposed “fully suspended” prison sentences (of unspecified lengths) and placed Defendant on probation. This appeal follows, with Defendant asserting, “the State failed to present sufficient evidence to prove the elements of the crimes charged… [and that] the circuit court failed to properly instruct the jury regarding his good faith defense.” The SD Supreme Court affirmed in a unanimous (5-0) decision, with opinion authored by Justice DeVaney. This opinion runs 26 pages. This decision may be accessed at http://ujs.sd.gov/Supreme_Court/opinions.aspx .