Any person, who has been entrusted with the property of another and who, with intent to defraud, appropriates such property to a use or purpose not in the due and lawful execution of his or her trust, is guilty of theft. A distinct act of taking is not necessary to constitute theft pursuant to this section.

Source: SDC 1939, §§ 13.1236, 13.1305, 13.4001, 13.4003 to 13.4007; SDCL, §§ 3-16-4 , 3-16-5, 22-38-1 to 22-38-7; SL 1976, ch 158 , § 30A-15; SL 1977, ch 189 , § 61; SL 2005, ch 120 , § 59.