No person may act in the capacity of a bail bondsperson or runner or perform any of the functions, duties, or powers prescribed for bail bondsperson or runners under the provisions of this chapter unless that person is qualified and licensed as provided in this chapter. However, none of the provisions of this section prohibit any person, from pledging real or other property as security for a bail bond in judicial proceedings if that person does not receive, or is not promised, money or other things of value therefor. Acting in the capacity of a bail bondsperson or runner without being licensed is a Class 6 felony. Receipt of money or other things of value by any person not acting in the capacity of a bail bondsperson is a Class 2 misdemeanor.
SDCL 58-22-4