reglab/housing_qa huggingface dataset:
SD Codified L § 23A-24-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 24 - Conduct Of Trial|Section 23A-24-6 - Minor's testimony as to sexual offense involving child--Open only to certain persons--Exception for grand jury proceedings.

23A-24-6. Minor's testimony as to sexual offense involving child--Open only to certain persons--Exception for grand jury proceedings.Any portion of criminal proceedings, with the exception of grand jury proceedings, at which a minor is required to testify concerning rape of a child, sexual contact with a child, child abuse involving sexual abuse, or any other sexual offense involving a child may be closed to all persons except the parties' attorneys, the victim or witness assistant, the victim's parents or guardian, and officers of the court and authorized representatives of the news media, unless the court, after proper hearing, determines that the minor's testimony should be closed to the news media or the victim's parents or guardian in the best interest of the minor. Source: SL 1983, ch 211, §1; SL 1986, ch 193, §1.
SD Codified L § 23A-24-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 24 - Conduct Of Trial|Section 23A-24-7 - Removal of victim and parent or guardian from courtroom.

23A-24-7. Removal of victim and parent or guardian from courtroom.The victim of a crime and his parent or guardian may not be excluded from a courtroom due to a request which is made pursuant to §19-19-615. However, a judge may remove a victim and his parent or guardian from a trial or hearing or any portion of the trial or hearing for the same causes and in the same manner as the rules of court or law provide for the exclusion or removal of the defendant. Source: SL 1986, ch 193, §3.
SD Codified L § 23A-24-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 24 - Conduct Of Trial|Section 23A-24-8 - Victim unable to attend trial or hearing--Selection of representative.

23A-24-8. Victim unable to attend trial or hearing--Selection of representative. If a victim is unable to attend the trial or hearing or any portion of the trial or hearing due to death; disability; hardship; incapacity; physical, mental, or emotional condition or age, the victim, the victim's parent or guardian, or the victim's immediate family may select a representative to exercise the rights granted to the victim by §§19-19-615, 23A-5-11, and 23A-24-6 to 23A-24-9, inclusive. Source: SL 1986, ch 193, §5; SL 2021, ch 108, § 1.
SD Codified L § 23A-24-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 24 - Conduct Of Trial|Section 23A-24-9 - Failure of victim to exercise rights not grounds for appeal, reversal or remand.

23A-24-9. Failure of victim to exercise rights not grounds for appeal, reversal or remand.If a victim fails to exercise any right granted by §§19-19-615, 23A-5-11, and 23A-24-6 to 23A-24-9, inclusive, the failure is not grounds for an appeal of a conviction by a defendant or for any court to set aside, reverse, or remand a criminal conviction. Source: SL 1986, ch 193, §6.
SD Codified L § 23A-24-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 24 - Conduct Of Trial|Section 23A-24-10 - Certified therapeutic dogs--Definitions.

  23A-24-10  .  Certified therapeutic dogs--Definitions.   In any criminal proceeding, upon motion of any party as provided in §23A-24-11, the court may enter any order necessary to allow a child witness or a witness having a developmental disability to be accompanied by a certified therapeutic dog during the witness' testimony in the manner provided in §23A-24-12.   Terms used in §§  23A-24-10   to 23A-24-12, inclusive, mean:   (1) "Certified therapeutic dog," a dog that has received the requisite training or certification and is registered with Therapy Dogs Incorporated, Therapy Dogs International, Assistance Dogs International, or an equivalent organization to perform the duties associated with therapy dogs in places such as hospitals, nursing homes, and other facilities where the emotional benefits of therapy dogs are recognized;   (2) "Certified handler," a person who has received training and is registered with Therapy Dogs Incorporated, Therapy Dogs International, Assistance Dogs International, or an equivalent organization for offering the person's animal for assistance purposes and has received additional training on the protocols and policies of courts, the expected roles of the person's animal assistance team, and the expected interaction so as not to interfere with the collection of evidence or the effective administration of justice;   (3) "Child witness," a person who has been or will be called to testify in a criminal proceeding and is under the age of eighteen; and   (4) "Developmental disability," the meaning provided in §  27B-1-18  .     Source:  SL 2020, ch 102, § 1.
SD Codified L § 23A-24-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 24 - Conduct Of Trial|Section 23A-24-11 - Introduction of certified therapeutic dog--Motion--Contents.

  23A-24-11  .  Introduction of certified therapeutic dog--Motion--Contents.   Before the introduction of a certified therapeutic dog into the courtroom, the party desiring to utilize the presence of a certified therapeutic dog shall, outside the presence of the jury, file a motion containing the following information:   (1) The credentials of the certified therapeutic dog;   (2) The credentials of the certified handler;   (3) That the certified therapeutic dog is adequately insured;   (4) That a basic relationship has been established between the child witness, or the witness having a developmental disability, and the certified therapeutic dog in anticipation of testimony;   (5) That the certified therapeutic dog is capable of sitting quietly for extended periods of time; and   (6) That the presence of the certified therapeutic dog may reduce anxiety experienced by the child witness or the witness having a developmental disability while testifying in the criminal trial or hearing.     Source:  SL 2020, ch 102, § 2.
SD Codified L § 23A-24-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 24 - Conduct Of Trial|Section 23A-24-12 - Certified handlers--Limitations.

  23A-24-12  .  Certified handlers--Limitations.   If the court grants a motion pursuant to §  23A-24-11  , the certified handler may accompany the certified therapeutic dog to the witness stand with the child witness or the witness having a developmental disability and remain with the certified therapeutic dog for the duration of the witness' testimony without interfering with any juror's view of the witness. The certified handler may either sit to the side of the witness stand or behind the witness stand.     Source:  SL 2020, ch 102, § 3.
SD Codified L § 23A-25-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-2 - Duty to receive law laid down by court.

23A-25-2. Duty to receive law laid down by court.Although jurors have the power to find a general verdict, which includes questions of law as well as of fact, they are bound, nevertheless, to receive as law that which is laid down as such by the court. Source: SDC 1939 & Supp 1960, §34.3629; SDCL, §23-44-21; SL 1978, ch 178, §308.
SD Codified L § 23A-25-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-3 - Statements of law included in charge--Exclusive judges of fact.

23A-25-3. Statements of law included in charge--Exclusive judges of fact.In charging jurors, a court must state to them all matters of law which it deems necessary for their information in giving their verdict. It must also inform the jurors that they are the exclusive judges of all questions of fact. Source: Supreme Court Rule 404, 1939; SDC 1939 & Supp 1960, §34.3651; SDCL, §23-45-1; SL 1978, ch 178, §309.
SD Codified L § 23A-25-3.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-3.1 - Instruction on presumption of innocence required.

23A-25-3.1. Instruction on presumption of innocence required.In each criminal case, the judge shall instruct the jury that the defendant is presumed innocent. Source: SL 1984, ch 179.
SD Codified L § 23A-25-3.2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-3.2 - Jury instructions--Certified therapeutic dogs.

  23A-25-3.2  .  Jury instructions--Certified therapeutic dogs.   If a certified therapeutic dog has been utilized during a criminal trial, the judge shall present a jury instruction designed to prevent prejudice for or against any party.   For purposes of this section, the term, certified therapeutic dog, has the meaning provided in §  23A-24-10  .     Source:  SL 2020, ch 102, § 5.
SD Codified L § 23A-25-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-4 - Preparation and settlement of instructions--Reading to jury--Comment during argument--Filing and endorsement of requested instructions.

23A-25-4. Preparation and settlement of instructions--Reading to jury--Comment during argument--Filing and endorsement of requested instructions.All requested instructions shall be prepared and presented by the parties and handled and settled by the court in accordance with the provisions of §15-6-51. Instructions shall be settled out of the presence of the jury at the close of the evidence but prior to final argument. Before final argument the court shall read its instructions to the jury and shall furnish a copy to each of the parties. The instructions may be read to the jury and commented upon by counsel during the argument. They shall be taken by the jury when it retires. All instructions requested by the parties, or given by the court, shall be filed with the clerk and, with the endorsement thereon indicating the action of the court, shall be a part of the record of the case. Source: SL 1978, ch 178, §307.
SD Codified L § 23A-25-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-5 - Officers sworn to protect privacy of jury--Overnight sequestration or separation--Prevention of communication--Return to court on reaching verdict.

23A-25-5. Officers sworn to protect privacy of jury--Overnight sequestration or separation--Prevention of communication--Return to court on reaching verdict.Before the jurors retire for deliberation, one or more officers shall be sworn to keep the jurors together in some private and convenient place, with such suitable food and drink as the court shall direct. The court may, in its discretion, either sequester the jurors during the adjournment of court overnight, under supervision of such officers, or allow the jurors to separate overnight during the adjournment of the court without supervision after proper admonishment. While supervising the jurors, the officers may not permit any person (including themselves) to communicate with the jurors or to ask whether the jurors have agreed upon a verdict except by order of court. The officers shall return the jurors into court when the jury has agreed upon a verdict. Source: SDC 1939, §34.3652; SL 1955, ch 130; SDCL, §23-43-46; SL 1978, ch 178, §312; SL 2003, ch 135, §1.
SD Codified L § 23A-25-5.1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-5.1 - Oath of officers to protect privacy of jury.

23A-25-5.1. Oath of officers to protect privacy of jury.Before any officer may enter upon duties pursuant to §23A-25-5, the following oath shall be administered to each officer: Do you solemnly swear or affirm that you will take this jury to a private and convenient place, that you will not allow any person, including yourself, to communicate with the jurors except by order of the court, until they have reached a verdict, and that when a verdict has been reached you will return them into the court, so help you God? Source: SL 2007, ch 131, §4.
SD Codified L § 23A-25-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-6 - Retirement for deliberation--Room provided--Food and lodging during deliberation.

23A-25-6. Retirement for deliberation--Room provided--Food and lodging during deliberation.After hearing the charge, the jury shall retire for deliberation. A suitable room, equipped for such purpose, must be provided by each county for the use of a jury upon its retirement for deliberation. While a jury is kept together, either during the progress of a trial or after its retirement for deliberation, the jurors must be provided with suitable and sufficient food and lodging by the bailiff upon an order of court, at the expense of the county. Source: SDC 1939 & Supp 1960, §34.3653; SDCL, §23-43-47; SL 1978, ch 178, §§311, 313.
SD Codified L § 23A-25-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-7 - Evidence and instructions kept by jury during deliberation.

23A-25-7. Evidence and instructions kept by jury during deliberation.Upon retiring for deliberation, a jury may take all exhibits and all papers which have been received as evidence in the case. Copies may be substituted for original documents when, in the opinion of a court, such documents should not be taken from the person possessing them. A jury must also take the instructions of the court. Source: SDC 1939 & Supp 1960, §34.3654; SDCL, §23-45-2; SL 1978, ch 178, §314.
SD Codified L § 23A-25-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-8 - Request by jury for further instructions--Notice to and presence of parties.

23A-25-8. Request by jury for further instructions--Notice to and presence of parties.After jurors have retired for deliberation, if there is a disagreement among them as to any part of the testimony or if they desire to be informed upon a point of law arising in the case, they shall ask the officer having them in charge to convey their written request to the court. Any information allowed by the court must be given in the presence of, or after notice to, the prosecuting attorney and the defendant or his counsel, and must be taken down by the court reporter. Source: SDC 1939 & Supp 1960, §34.3655; SDCL, §23-45-3; SL 1978, ch 178, §315.
SD Codified L § 23A-25-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-9 - Discharge of jury on disability of member--Exception.

23A-25-9. Discharge of jury on disability of member--Exception.If, after the retirement of a jury, one of them becomes so sick as to prevent the continuance of his duty, or any other accident or cause occurs to prevent its being kept together for deliberation, it may be discharged, except as provided in §23A-18-2. Source: SDC 1939 & Supp 1960, §34.3656; SDCL, §23-43-48; SL 1978, ch 178, §316.
SD Codified L § 23A-25-10 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-10 - Jury not discharged until verdict rendered--Exceptions.

23A-25-10. Jury not discharged until verdict rendered--Exceptions.Except as provided in §23A-25-9, a jury cannot be discharged after a case is submitted to it until its members have agreed upon their verdict and rendered it in open court, except by the consent of both parties entered on the record, or unless at the expiration of such time as the court deems proper, it satisfactorily appears that there is no reasonable probability that the jurors can agree. Source: SDC 1939 & Supp 1960, §34.3657; SDCL, §23-43-49; SL 1978, ch 178, §317.
SD Codified L § 23A-25-11 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-11 - New trial when jury discharged before verdict.

23A-25-11. New trial when jury discharged before verdict.In all cases where a jury is discharged or prevented from giving a verdict, by reason of an accident or other cause except where the defendant is discharged during the progress of the trial or after the case is submitted to them, the case may be again tried at the same or another term, as the court may direct. Source: SDC 1939 & Supp 1960, §34.3658; SDCL, §23-42-9; SL 1978, ch 178, §318.
SD Codified L § 23A-25-12 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-12 - Court open for other business during jury deliberations--Discharge of jury by final adjournment.

23A-25-12. Court open for other business during jury deliberations--Discharge of jury by final adjournment.While a jury is absent a court may adjourn from time to time to conduct other business, but it is nevertheless deemed open for every purpose connected with a case submitted to a jury until a verdict is rendered or the jury is discharged. Final adjournment of a court discharges the jury. Source: SDC 1939 & Supp 1960, §34.3659; SDCL, §23-45-4; SL 1978, ch 178, §319.
SD Codified L § 23A-25-13 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 25 - Jury Instructions And Deliberations|Section 23A-25-13 - Guilty but mentally ill verdict--Forms furnished--Instructions.

23A-25-13. Guilty but mentally ill verdict--Forms furnished--Instructions.If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of "guilty but mentally ill" for each offense. The court shall instruct the jury that a special verdict of "guilty but mentally ill" may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense. Source: SL 1983, ch 174, §13; SL 1988, ch 191.
SD Codified L § 23A-26-1 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-1 - (Rule 31(a)) Unanimous verdict required--Return in open court.

23A-26-1.(Rule 31(a)) Unanimous verdict required--Return in open court.A jury verdict shall be unanimous. It shall be returned by the jury to the judge or magistrate in open court. When the jurors appear, they must be asked by the court or the clerk whether they have agreed upon their verdict. If the foreman answers in the affirmative, they must, on being required, declare the same. Source: SDC 1939 & Supp 1960, §34.3660; SDCL, §23-45-8; SL 1978, ch 178, §320.
SD Codified L § 23A-26-2 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-2 - (Rule 31(b)) Return of verdict as to one of two or more defendants--Retrial of defendants as to whom verdict not reached.

23A-26-2.(Rule 31(b)) Return of verdict as to one of two or more defendants--Retrial of defendants as to whom verdict not reached.If there are two or more defendants, a jury at any time during its deliberation may return a verdict or verdicts with respect to a defendant or defendants as to whom it has agreed. If a jury cannot agree with respect to all, the defendant or defendants as to whom it does not agree may be tried again. Source: SDC 1939 & Supp 1960, §34.3670; SDCL, §23-45-24; SL 1978, ch 178, §326.
SD Codified L § 23A-26-3 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-3 - General verdict required--Special verdict permitted.

23A-26-3. General verdict required--Special verdict permitted.Except as provided in this section, jurors shall render a general verdict. Special verdicts are hereby abolished, except the verdicts of "guilty but mentally ill" and "not guilty by reason of insanity." Source: Supreme Court Rule 405, 1939; SDC 1939 & Supp 1960, §34.3661; SDCL, §23-45-9; SL 1978, ch 178, §321; SL 1983, ch 174, §14.
SD Codified L § 23A-26-4 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-4 - Form of general verdict on not guilty plea.

23A-26-4. Form of general verdict on not guilty plea.A general verdict on a plea of not guilty is either "guilty" or "not guilty" which imports a conviction or acquittal of the offense charged. Source: Supreme Court Rule 406, 1939; SDC 1939 & Supp 1960, §34.3662; SDCL, §23-45-10; SL 1978, ch 178, §322.
SD Codified L § 23A-26-5 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-5 - Form of verdict acquitting for insanity.

23A-26-5. Form of verdict acquitting for insanity.If a defendant is acquitted because he was insane when he committed the offense charged, the verdict shall be "not guilty by reason of insanity." Source: Supreme Court Rule 406, 1939; SDC 1939 & Supp 1960, §34.3662; SDCL, §23-45-12; SL 1978, ch 178, §323; SL 1983, ch 174, §15.
SD Codified L § 23A-26-6 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-6 - Direction to reconsider improper verdict.

23A-26-6. Direction to reconsider improper verdict.If a jury renders a verdict which is not a general verdict in accordance with §23A-26-4 or 23A-26-5, a court may, with proper instructions as to the law, direct the jury to reconsider it. Source: SDC 1939 & Supp 1960, §34.3667; SDCL, §23-45-18; SL 1978, ch 178, §324.
SD Codified L § 23A-26-7 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-7 - Verdict as to degree of crime--Lowest degree found on reasonable doubt.

23A-26-7. Verdict as to degree of crime--Lowest degree found on reasonable doubt.Whenever a crime is distinguished by degrees, a jury, if it convicts an accused, shall find the degree of the crime of which he is guilty and include that finding in its verdict. When there is a reasonable ground of doubt as to which of two or more degrees an accused is guilty, he can be convicted of only the lowest degree. Source: SDC 1939, §13.0104; SDC 1939 & Supp 1960, §§34.3635, 34.3671; SDCL, §§23-44-6, 23-45-22; SL 1978, ch 178, §325.
SD Codified L § 23A-26-8 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-8 - (Rule 31(c)) Conviction of included offense or attempt.

23A-26-8.(Rule 31(c)) Conviction of included offense or attempt.A defendant may be found guilty of an offense necessarily included in the offense charged or of an attempt to commit either the offense charged or an offense necessarily included therein if such attempt is an offense. Source: SDC 1939 & Supp 1960, §34.3669; SDCL, §23-45-23; SL 1978, ch 178, §327.
SD Codified L § 23A-26-9 (2021)
2021 South Dakota Codified Laws|Title 23A - Criminal Procedure|Chapter 26 - (Rule 31) Verdict|Section 23A-26-9 - Appearance of defendant--When required for verdict.

23A-26-9. Appearance of defendant--When required for verdict.If an indictment or information is for a felony, the defendant must, before the verdict is received, appear in person. If it is for a misdemeanor, the verdict may, in the discretion of the court, be rendered in his absence. In any case, if a defendant flees the jurisdiction of a court, the verdict may be returned in his absence. Source: SDC 1939 & Supp 1960, §34.3660; SDCL, §23-45-7; SL 1978, ch 178, §320.