Wire fraud is a federal crime and is committed when wire technology (generally electronic transmissions by telephone, bank wire, internet, or other wire signal) is used to commit a fraud. 18 U.S. C. §1343. Wire fraud has two elements: (1) the defendant devised or intended to devise a scheme to defraud, or to obtain money or property using fraudulent pretenses, representations, or promises; and (2) the defendant used wire technology for the purpose of executing or attempting to execute the scheme or fraudulent acts. It is not necessary that the use of wire technology be an essential part of the fraudulent scheme.

Wire fraud is a felony offense with potential punishments of decades-long prison sentences, financial penalties, restitution obligations, and probation terms.

In South Dakota, as in all states, wire fraud is primarily governed by federal law under 18 U.S.C. § 1343. This statute defines wire fraud as the use of wire, radio, or television communications in interstate or foreign commerce with the intent to defraud. The two essential elements of wire fraud are: (1) the creation or intention to create a scheme to defraud or to obtain money or property by false pretenses, representations, or promises; and (2) the use of wire technology to execute or attempt to execute this scheme. It is important to note that the actual success of the fraud is not necessary for a charge of wire fraud; the attempt and intent are sufficient. Conviction of wire fraud can result in severe penalties, including lengthy prison sentences, substantial fines, orders for restitution to victims, and probation. These penalties reflect the seriousness with which the federal government treats wire fraud offenses. While South Dakota state law may address fraud in general, wire fraud cases are typically prosecuted under federal law due to the interstate or foreign nature of the communications involved.