reglab/statecodes huggingface dataset:
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-7 - Report of abuse, neglect, or exploitation.

22-46-7. Report of abuse, neglect, or exploitation.
A report of abuse, neglect, or exploitation under this chapter may be made orally or in writing to the state's attorney of the county in which the elder or disabled adult resides or is present, to the Department of Human Services, or to the law enforcement officer. The state's attorney or law enforcement officer, upon receiving a report, shall immediately notify the Department of Human Services.
Source:
SL 2007, ch 147, §5; SL 2017, ch 230 (Ex. Ord. 17-1), §23, eff. Apr. 13, 2017.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-8 - Immunity from liability for reporting abuse, neglect, or exploitation.

22-46-8. Immunity from liability for reporting abuse, neglect, or exploitation.
Any person who, in good faith, makes a report of abuse, neglect, or exploitation of any elder or disabled adult, is immune from any civil or criminal liability that might otherwise be incurred or imposed, and has the same immunity with respect to participation in any judicial proceeding resulting from the report. This immunity extends in a like manner to any public official involved in the investigation of abuse, neglect, or exploitation of any elder or disabled adult, or to any person or institution who in good faith cooperates with any public official in an investigation. The provisions of this section do not extend to any person alleged to have committed any act of abuse or neglect of any elder or disabled adult or to any person who has aided and abetted any such act.
Source:
SL 2007, ch 147, §7.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-9 - Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor.

22-46-9. Mandatory reporting of abuse, neglect, or exploitation--Violation as misdemeanor.
Any:
(1)Physician, dentist, doctor of osteopathy, chiropractor, optometrist, podiatrist, religious healing practitioner, hospital intern or resident, nurse, paramedic, emergency medical technician, social worker, or any health care professional;
(2)Psychologist, licensed mental health professional, or counselor engaged in professional counseling; or
(3)State, county, or municipal criminal justice employee or law enforcement officer;
who knows, or has reasonable cause to suspect, that an elder or adult with a disability has been or is being abused, neglected, or exploited, shall, within twenty-four hours, report such knowledge or suspicion orally or in writing to the state's attorney of the county in which the elder or adult with a disability resides or is present, to the Department of Human Services, or to a law enforcement officer. Any person who knowingly fails to make the required report is guilty of a Class 1 misdemeanor.
A person described in this section is not required to report the abuse, neglect, or exploitation of an elder or adult with a disability if the person knows that another person has already reported to a proper agency the same abuse, neglect, or exploitation that would have been the basis of the person's own report.
Source:
SL 2011, ch 119, §1; SL 2016, ch 120, §22; SL 2016, ch 128, §1; SL 2017, ch 230 (Ex. Ord. 17-1), §24, eff. Apr. 13, 2017.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-10 - Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--Violation as misdemeanor.

22-46-10. Mandatory reporting of abuse or neglect by staff and by person in charge of residential facility or entity providing services to elderly or disabled adult--Violation as misdemeanor.
Any staff member of a nursing facility, assisted living facility, adult day care center, or community support provider, or any residential care giver, individual providing homemaker services, victim advocate, or hospital personnel engaged in the admission, examination, care, or treatment of elderly or disabled adults who knows, or has reasonable cause to suspect, that an elderly or disabled adult has been or is being abused or neglected, shall, within twenty-four hours, notify the person in charge of the institution where the elderly or disabled adult resides or is present, or the person in charge of the entity providing the service to the elderly or disabled adult, of the suspected abuse or neglect. The person in charge shall report the information in accordance with the provisions of §22-46-9. Any person who knowingly fails to make the required report is guilty of a Class 1 misdemeanor.
Source:
SL 2011, ch 119, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-11 - Voluntary reporting of abuse, neglect, or exploitation.

22-46-11. Voluntary reporting of abuse, neglect, or exploitation.
Any person who knows or has reason to suspect that an elder or adult with a disability has been abused, neglected, or exploited as defined in §§22-46-1 to 22-46-3, inclusive, may report that information, regardless of whether that person is one of the mandatory reporters listed in §§22-46-9 and 22-46-10.
Source:
SL 2011, ch 119, §3; SL 2016, ch 120, §25.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-12 - Information provided by report of abuse, neglect, or exploitation.

22-46-12. Information provided by report of abuse, neglect, or exploitation.
The person making a report as required by §22-46-9 and as permitted by §22-46-11 shall provide, or a proper agency receiving the report shall acquire, to the extent possible, the following information:
(1)The name, age, physical address, and contact information of the elder or adult with a disability;
(2)The name, age, physical address, and contact information of the person making the report;
(3)The name, age, physical address, and contact information of the caretaker of the elder or adult with a disability;
(4)The name of the alleged perpetrator;
(5)The nature and extent of the elder or adult with a disability's injury, whether physical or financial, if any;
(6)The nature and extent of the condition that required the report to be made; and
(7)Any other pertinent information.
Source:
SL 2016, ch 120, §23.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-13 - Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.

22-46-13. Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.
A court may find that an elder or adult with a disability has been exploited as defined in §22-46-1 or 22-46-3. If a court finds exploitation occurred, the elder or adult with a disability has a cause of action against the perpetrator and may recover actual and punitive damages for the exploitation. The action may be brought by the elder or adult with a disability, or that person's guardian, conservator, by a person or organization acting on behalf of the elder or adult with a disability with the consent of that person or that person's guardian or conservator, or by the personal representative of the estate of a deceased elder or adult with a disability without regard to whether the cause of death resulted from the exploitation. The action may be brought in any court of competent jurisdiction to enforce the action. A party who prevails in the action may recover reasonable attorney's fees, costs of the action, compensatory damages, and punitive damages.
Source:
SL 2016, ch 120, §28.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-14 - Additional penalties against perpetrator for exploitation.

22-46-14. Additional penalties against perpetrator for exploitation.
In addition to the damages prescribed in §22-46-13, the court may impose the following penalties:
(1)Revoke, in whole or in part, any revocable:
(a)Provision by the elder or adult with a disability that is contained in a governing instrument that confers a general or nongeneral power of appointment on the perpetrator; and
(b)Nomination or appointment by the elder or adult with a disability that is contained in a governing instrument that nominates or appoints the perpetrator to serve in any fiduciary or representative capacity, including serving as a personal representative, executor, guardian, conservator, trustee, attorney in fact, or agent;
(2)Sever the interests of the elder or adult with a disability and the perpetrator in any property that is held by them at the time of the violation as joint tenants with the right of survivorship and transform the interests of the elder or adult with a disability and the perpetrator into tenancies in common. To the extent that the perpetrator did not provide adequate consideration for the jointly held interest, the court may cause the person's interest in the subject property to be forfeited in whole or in part.
Source:
SL 2016, ch 120, §29.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-15 - Third party property interest acquired for value and in good faith unaffected by severance of perpetrator's property interest.

22-46-15. Third party property interest acquired for value and in good faith unaffected by severance of perpetrator's property interest.
A severance pursuant to subdivision 22-46-14(2) does not affect any third party interest in property that was acquired for value and in good faith reliance on apparent title by survivorship in the perpetrator unless a writing declaring the severance has been noted, registered, filed, or recorded in records that are appropriate to the kind and location of the property and that are relied on as evidence of ownership in the ordinary course of transactions involving that property.
Source:
SL 2016, ch 120, §30.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-16 - Effect of revocation of provision of instrument.

22-46-16. Effect of revocation of provision of instrument.
If the court imposes a revocation pursuant to subdivision 22-46-14(1), provisions of the governing instrument shall be given effect as if the perpetrator disclaimed all provisions revoked by the court or, in the case of a revocation of a nomination in a fiduciary or representative capacity, the perpetrator predeceased the decedent.
Source:
SL 2016, ch 120, §31.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-17 - Additional remedies for violation.

22-46-17. Additional remedies for violation.
The court may authorize remedies provided in §21-65-12 for violations under §22-46-3 or 22-46-13.
Source:
SL 2016, ch 120, §32.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 46 - Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities › Section 22-46-18 - Remedies cumulative with other legal and administrative remedies.

22-46-18. Remedies cumulative with other legal and administrative remedies.
The remedies provided in §§22-46-13 to 22-46-17, inclusive, are in addition to and cumulative with other legal and administrative remedies available to an elder or adult with a disability.
Source:
SL 2016, ch 120, §33.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 48 - Victim Immunity › Section 22-48-1 - Definitions.

22-48-1. Definitions.
Terms used in this chapter mean:
(1)"Convicted," includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, or an admission to a juvenile delinquency petition;
(2)"Course of criminal conduct," includes the acts or omissions of the perpetrator in carrying out the crime of which convicted or of a victim in resisting criminal conduct;
(3)"Crime," includes an offense named in §§22-11-3, 22-11-4, 22-11-6, 22-11-9.1, 22-16-4, 22-16-7, 22-16-15, 22-16-20, 22-18-1, 22-18-1.1, 22-19-1, 22-19A-1, 22-19A-2, 22-22-1, 22-22-7, 22-30-1, 22-30A-4, 22-32-1, 22-32-3, 22-32-8, chapter 22-33, or an attempt to commit any of these offenses. The term includes a crime in other states which would have been within this definition if the crime had been committed in this state;
(4)"Perpetrator," any person who has been convicted of a crime as defined in subdivision (3);
(5)"Victim," a person who was the object of a perpetrator's criminal conduct and includes a person at the scene of an emergency who gives reasonable assistance to another person who is exposed to or has suffered grave physical harm.
Source:
SL 1998, ch 124, §1; SL 2003, ch 130, §1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 48 - Victim Immunity › Section 22-48-2 - Perpetrator's assumption of risk--Victim immune from liability--Victim's duty--Exception.

22-48-2. Perpetrator's assumption of risk--Victim immune from liability--Victim's duty--Exception.
A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a crime, as defined in this chapter, engaged in by the perpetrator or a person who aids or abets the perpetrator, as defined in §22-3-3, and the crime victim is immune from and not liable for any damages as a result of acts or omissions of the victim if the victim used reasonable force. However, the perpetrator's assumption of risk does not eliminate the crime victim's duty to protect against conditions upon the premises which the crime victim knows or has reason to know may create an unreasonable risk of harm or which may cause a foreseeable trespass by minors, nor does the assumption of risk apply to perpetrators who are mentally incompetent.
Source:
SL 1998, ch 124, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 48 - Victim Immunity › Section 22-48-2.1 - Claim of use of unreasonable force by victim--Hearing to determine reasonable basis for claim.

22-48-2.1. Claim of use of unreasonable force by victim--Hearing to determine reasonable basis for claim.
If the perpetrator claims that the victim used unreasonable force, before any discovery relating to the claim may be commenced and before the claim may be submitted to the trier of fact, the court, after hearing, must find, based on clear and convincing evidence, that there is a reasonable basis to believe that the victim used unreasonable force.
Source:
SL 2003, ch 130, §2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 48 - Victim Immunity › Section 22-48-3 - Proof of assumption of risk.

22-48-3. Proof of assumption of risk.
Notwithstanding other evidence that the victim may adduce relating to the perpetrator's conviction of the crime involving the parties to a claim for relief, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction, or an adjudication as a delinquent child is conclusive proof of the perpetrator's assumption of the risk.
Source:
SL 1998, ch 124, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 48 - Victim Immunity › Section 22-48-4 - Court awards.

22-48-4. Court awards.
If the perpetrator does not prevail in a claim for relief that is subject to this section, the court may award reasonable expenses, including attorney's fees and disbursements, to the victim.
Source:
SL 1998, ch 124, §4.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 48 - Victim Immunity › Section 22-48-5 - Motion for stay of proceedings.

22-48-5. Motion for stay of proceedings.
Except to the extent needed to preserve evidence, any claim for relief in which the defense set forth in this section is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged crime.
Source:
SL 1998, ch 124, §5.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 49 - Human Trafficking › Section 22-49-1 - Human trafficking prohibited.

22-49-1. Human trafficking prohibited.
No person may recruit, harbor, transport, provide, receive, purchase, or obtain, by any means, another person knowing that force, fraud, or coercion will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude. No person may benefit financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section. Any violation of this section constitutes the crime of human trafficking. If the victim is under eighteen years of age, the crime of human trafficking need not involve force, fraud, or coercion.
For purposes of this section and §22-49-3, the term, coercion, may include:
(1)The use of a plan, statement, or pattern of behavior, with the intent of causing a person to believe that failure to perform an act will result in the use of physical force or violence against the person or will result in the person's restraint, isolation, confinement, or abduction;
(2)Inducing a person to provide commercial sexual activity as payment toward or in satisfaction of a real or purported debt; and
(3)The use of a person's physical or mental impairment, if that impairment has a substantial adverse effect on the person's cognitive or volitional function.
Source:
SL 2011, ch 120, §1; SL 2016, ch 129, §1; SL 2017, ch 99, §1; SL 2019, ch 111, §1; SL 2020, ch 89, § 1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 49 - Human Trafficking › Section 22-49-2 - First degree human trafficking--Felony--Attempt against minor.

22-49-2. First degree human trafficking--Felony--Attempt against minor.
If a person is guilty of human trafficking under §22-49-1, and the act:
(1)Involves committing or attempting to commit kidnapping;
(2)Involves a victim under the age of eighteen years;
(3)Involves prostitution or procurement for prostitution; or
(4)Results in the death of a victim;
the person has committed human trafficking in the first degree. A violation of the provisions of this section is a Class 2 felony. Consent to performing any act prescribed in §22-49-1 by a minor or a minor's parent, guardian, or custodian, or any mistake as to the minor's age is not a defense to a charge of violating this section.
Notwithstanding the provisions of §22-4-1, any attempt to commit a violation of this section against a victim who is a minor is punishable in the same manner as the completed violation.
Source:
SL 2011, ch 120, §2; SL 2016, ch 129, §2; SL 2018, ch 138, §1; SL 2020, ch 89, § 2.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 49 - Human Trafficking › Section 22-49-3 - Second degree human trafficking--Felony.

22-49-3. Second degree human trafficking--Felony.
A person is guilty of human trafficking in the second degree if that person:
(1)Recruits, harbors, transports, provides, receives, purchases, or obtains, by any means, another person knowing that force, fraud, or coercion, as defined in §22-49-1, will be used to cause the person to engage in prostitution, forced labor, or involuntary servitude; or
(2)Benefits financially or by receiving anything of value from participation in a venture that has engaged in acts set forth in this section.
Human trafficking in the second degree is a Class 4 felony.
Source:
SL 2011, ch 120, §3; SL 2019, ch 111, §2; SL 2020, ch 89, § 3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 49 - Human Trafficking › Section 22-49-4 - Hiring person forced to engage in sexual activity--Felony.

22-49-4. Hiring person forced to engage in sexual activity--Felony.
It is a Class 6 felony for a person to hire or attempt to hire another person for a fee to engage in sexual activity, as defined in §22-23-1.1, if the person knew or should have known the other person was being forced to engage in the activity through human trafficking.
Source:
SL 2016, ch 129, §3.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 49 - Human Trafficking › Section 22-49-5 - Torture of a human trafficking victim--Felony.

22-49-5. Torture of a human trafficking victim--Felony.
A person who, with the intent to cause cruel physical or mental pain, inflicts serious bodily injury or serious mental injury upon a human trafficking victim while the victim is the subject of human trafficking is guilty of a Class 1 felony. Proof that the victim suffered pain is not an element of the crime of torture of a human trafficking victim.
Source:
SL 2021, ch 101, § 1.
2023 South Dakota Codified Laws › Title 22 - Crimes › Chapter 49 - Human Trafficking › Section 22-49-6 - Definition of terms--Torture.

22-49-6. Definition of terms--Torture.
Terms used in § 22-49-5 mean:
(1)"Cruel," brutal, inhuman, sadistic, or that which torments;
(2)"Serious mental injury," a condition that results in a substantial alteration of mental functioning that is manifested in a visibly demonstrable manner caused by or resulting from:
(a)The intentional infliction or threatened infliction of serious bodily injury;
(b)The administration or application, or threatened administration or application, of mind-altering substances or other procedures calculated to disrupt the senses or the personality; or
(c)The threat of imminent death.
Source:
SL 2021, ch 101, § 2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-1 - Petty offense procedures used by all law enforcement and judicial officers.

23-1A-1. Petty offense procedures used by all law enforcement and judicial officers.
The procedures set forth in this chapter shall be used by all law enforcement and judicial officers for the disposition of petty offense cases.
Source:
SL 1977, ch 193, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-2 - Complaint and summons forms--Uniform traffic ticket--Contents.

23-1A-2. Complaint and summons forms--Uniform traffic ticket--Contents.
The attorney general shall promulgate, pursuant to chapter 1-26, a uniform form or forms to be used for petty or misdemeanor complaints and summons regarding traffic offenses. The form shall be designed to serve as a uniform traffic ticket. The attorney general shall designate those law enforcement agencies which would use the uniform traffic ticket.
The title on the complaint shall be "The State of South Dakota vs. (defendant's name)." The summons or complaint shall inform the defendant of the information set forth in §§23-1A-11, 23-1A-12, 23-1A-13, 23-1A-16, and 23-1A-18, and of the amount required for the authorized deposit.
Source:
SL 1977, ch 193, §2; SL 1991, ch 252, §23.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-2.1 - Ticket form for juvenile cited violations.

23-1A-2.1. Ticket form for juvenile cited violations.
The attorney general may revise the uniform traffic ticket created pursuant to chapter 23-1A to be used for juvenile cited violations.
Source:
SL 2015, ch 152, §41, eff. Jan. 1, 2016.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-3 - State's attorney as attorney for plaintiff.

23-1A-3. State's attorney as attorney for plaintiff.
The attorney for the plaintiff in the trial of a petty offense shall be the state's attorney of the county which has jurisdiction of the case.
Source:
SL 1977, ch 193, §14.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-4 - Complaint and summons as only complaint necessary.

23-1A-4. Complaint and summons as only complaint necessary.
Whenever the complaint and summons promulgated pursuant to §23-1A-2 are used, the attorney for the plaintiff need not make or file any other complaint for the offense charged.
Source:
SL 1977, ch 193, §3.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-5 - Signature under oath on complaint--Traffic ticket issued by law enforcement officer.

23-1A-5. Signature under oath on complaint--Traffic ticket issued by law enforcement officer.
Any person may sign a petty offense complaint for an offense which occurred in his presence. A petty offense complaint shall be signed under oath. It is sufficient if a law enforcement officer, in lieu of signing the petty offense complaint under oath, signs the following statement printed or written on a complaint or summons for a petty offense on a uniform traffic ticket: "I declare and affirm under the penalties of perjury that this complaint or summons has been examined by me, and to the best of my knowledge and belief, is in all things true and correct." Any person who signs this statement as provided for in this section, knowing the statement to be false or untrue, in whole or in part, is guilty of perjury.
Source:
SL 1977, ch 193, §4; SL 2015, ch 134, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-6 - Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent.

23-1A-6. Minor defendant--Guardian ad litem not required--Trial as juvenile delinquent.
A minor may be sued for the commission of a petty offense without the appointment of a guardian ad litem. A state's attorney may dismiss a petty offense complaint issued to a minor any time before judgment is entered and try the minor instead as a juvenile delinquent.
Source:
SL 1977, ch 193, §19.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-7 - Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.

23-1A-7. Detention of violator to issue complaint and summons--Not an arrest--Summons or arrest for other public offense.
A law enforcement officer may halt and detain a person who has committed a petty offense in the law enforcement officer's presence or to serve a previously issued petty offense complaint and summons, for the period of time necessary to issue a petty offense complaint and summons and to complete §23-1A-10. Such a detention is not an arrest. If during this period of detention the officer determines that there is probable cause to believe that the person detained has committed or is committing a public offense other than a petty offense, the officer shall issue a complaint and summons, or arrest the person, for the other public offense.
Source:
SL 1977, ch 193, §5; SL 1984, ch 12, §17.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-8 - Hearing within ten days specified in summons--Earlier date if requested--Place of hearing.

23-1A-8. Hearing within ten days specified in summons--Earlier date if requested--Place of hearing.
The petty offense summons shall specify a time for a hearing on the complaint, which shall be within ten days of its issuance. A defendant may request an earlier hearing. The hearing shall be before a judge or magistrate of the county in which the offense was committed, except as provided in §23-1A-11.
Source:
SL 1977, ch 193, §6.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-9 - Resisting service or refusal to give information as misdemeanor.

23-1A-9. Resisting service or refusal to give information as misdemeanor.
Any person who resists the service of a petty offense complaint and summons or who refuses to give a law enforcement officer the information necessary to complete a petty offense summons and complaint is guilty of a Class 2 misdemeanor.
Source:
SL 1977, ch 193, §7.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-10 - Defendant's options for disposal of case.

23-1A-10. Defendant's options for disposal of case.
A person to whom a petty offense complaint has been issued may dispose of the case, by, at his option, either:
(1)Signing a written promise to appear in accordance with §23-1A-11;
(2)Signing an admission and filing it with a deposit in accordance with §23-1A-12;
(3)Filing a deposit in accordance with §23-1A-13; or
(4)Appearing in court for a hearing on the complaint.
Source:
SL 1977, ch 193, §8.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-11 - Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor.

23-1A-11. Written promise to appear--Admission and deposit--Immediate hearing if alternatives refused--Violation of promise to appear as misdemeanor.
Any person who has been served with a petty offense complaint for a violation of a statute relating to the operation and use of a motor vehicle may, if he has a valid South Dakota driver's license in his possession or if the arresting officer is shown satisfactory proof that the person does have a valid South Dakota driver's license although not in his immediate possession, give a written promise to appear at the hearing to the officer who served the complaint on him.
If he does not have a valid South Dakota driver's license, he may immediately either sign an admission and give a deposit in accordance with §23-1A-12 or file a deposit in accordance with §23-1A-13. If he refuses either alternative, he shall be taken immediately to the nearest or most accessible judge or magistrate for a hearing on the complaint.
Any person who intentionally violates his written promise to appear, given in accordance with the provisions of this section, is guilty of a Class 2 misdemeanor.
Source:
SL 1977, ch 193, §9.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-12 - Admission of other than traffic violation in lieu of court appearance--Filing with deposit.

23-1A-12. Admission of other than traffic violation in lieu of court appearance--Filing with deposit.
A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for the hearing on the complaint, make a stipulation admitting the allegations in the complaint. Such admission shall be filed with the deposit specified in §23-1A-13. The admission and deposit shall be filed at the office of the clerk of courts in the county in which the complaint was issued by the last working day prior to the hearing. As used in this section, a working day is any day in which the clerk's office is actually open for the transaction of business.
Source:
SL 1977, ch 193, §10.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-13 - Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.

23-1A-13. Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.
A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for a hearing on the complaint, immediately file a deposit by either:
(1)In the law enforcement officer's presence, mailing a deposit to the office of the clerk of courts; or
(2)In the company of the officer, going to the office of the clerk of courts and personally making a deposit.
The issuing officer shall notify the alleged violator, in writing, and obtain a receipt therefor, that if he fails to appear in court at the time fixed in the summons, he will be deemed to have tendered an admission to the allegations contained in the complaint and an agreement to a forfeiture not to exceed the amount of the deposit, which the court will accept.
Source:
SL 1977, ch 193, §11.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-14 - Receipt for deposit--Check as receipt--Stop payment and failure to appear as misdemeanor.

23-1A-14. Receipt for deposit--Check as receipt--Stop payment and failure to appear as misdemeanor.
A person receiving a deposit shall furnish a numbered receipt to the defendant if requested. A person receiving a deposit may allow a defendant to submit a check for the amount of the deposit, and such check shall be considered to be the receipt required by this section. Such check shall be deemed to have been issued for present consideration. Any person who issues a "stop payment" order on such a check and fails to appear in court on the date set for hearing by the summons, is guilty of a Class 2 misdemeanor.
Source:
SL 1977, ch 193, §12.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-15 - Appearance not required after admission or deposit--Judgment for plaintiff--Deposit as payment.

23-1A-15. Appearance not required after admission or deposit--Judgment for plaintiff--Deposit as payment.
If a defendant files a stipulation and deposit pursuant to §23-1A-12 or makes a deposit pursuant to §23-1A-13 he need not appear in court. In such instances, the clerk shall record on the court appearance date, a judgment in favor of the plaintiff and enter the deposit as payment of the judgment.
Source:
SL 1977, ch 193, §13.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-16 - Relief from admission by appearing in court--Matter set for trial.

23-1A-16. Relief from admission by appearing in court--Matter set for trial.
A person who has filed a stipulation under §23-1A-12 may appear in court on the appearance date and the court may, on motion, with or without notice, for cause shown, relieve such person from the stipulation and the effects thereof, and set the matter for trial.
Source:
SL 1977, ch 193, §15.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-17 - Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance.

23-1A-17. Acceptance of admission in court and entry of judgment--Trial if allegations denied--Procedure--Deposit required for continuance.
If a defendant appears in court, personally or by his attorney, he shall be asked whether he admits or denies the commission of the offense alleged in the complaint. If he admits the commission of the alleged offense, the court shall accept his admission and enter a judgment against him for the amount established by §23-1A-22. If a defendant denies the allegations in a complaint, the case may be tried at that time. A jury trial may not be granted for petty offenses, but conduct for the trial of a petty offense shall otherwise be governed by the rules of civil procedure. If either the defendant or plaintiff requests a continuance, a court may set a later date for trial, which may not exceed thirty days from the date of the initial appearance. A defendant's request for a continuance may not be granted unless he deposits with the court a sum equal to the amount set by §23-1A-22.
Source:
SL 1977, ch 193, §16; SL 1980, ch 26, §29; SL 1984, ch 12, §14.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-18 - Failure to appear after deposit or admission--Judgment entered.

23-1A-18. Failure to appear after deposit or admission--Judgment entered.
If the defendant fails to appear in court at the time set in his summons or set by subsequent postponement, and he has previously made a deposit, he shall be deemed to have tendered an admission to the allegations contained in the complaint and to have agreed to use the deposit for payment of the judgment. The court shall accept the admission and enter judgment accordingly.
If a defendant fails to appear, and has made a stipulation of admission to the allegations in his complaint, the court shall enter judgment against the defendant.
Source:
SL 1977, ch 193, §17.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-19 - Failure to appear without deposit or admission as misdemeanor--Default judgment--Warrant for arrest.

23-1A-19. Failure to appear without deposit or admission as misdemeanor--Default judgment--Warrant for arrest.
Any defendant who fails to appear in court and who has not made a deposit, or stipulation and deposit, is guilty of a Class 2 misdemeanor. The court shall enter a default judgment against the defendant in the amount established by §23-1A-22 and issue a summons or warrant for his arrest.
Source:
SL 1977, ch 193, §18; SL 1980, ch 26, §30; SL 1984, ch 12, §15.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-20 - Motor vehicle violation--Certification of judgment forwarded to Department of Public Safety.

23-1A-20. Motor vehicle violation--Certification of judgment forwarded to Department of Public Safety.
If the offense alleged in a complaint is a violation of a statute relating to the operation and use of a motor vehicle, then within five working days after the entry of a judgment against a defendant, the court shall forward to the Department of Public Safety a certification of the entry of judgment, judgment of forfeiture, or default judgment.
Source:
SL 1977, ch 193, §20.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-21 - Effect of judgment same as for other civil judgments--Execution, levy, and liens.

23-1A-21. Effect of judgment same as for other civil judgments--Execution, levy, and liens.
A judgment in a petty offense case has the same effect as any other civil judgment and may be executed, levied on, and become a lien on the property of a defendant accordingly.
Source:
SL 1977, ch 193, §24.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-22 - Judgment--Amount--Reduction or elimination--Defendant award--Amount of deposit.

23-1A-22. Judgment--Amount--Reduction or elimination--Defendant award--Amount of deposit.
If the plaintiff prevails in a petty offense case, the plaintiff shall be granted a judgment of twenty-five dollars. However, the trial court may reduce or eliminate the award in the interest of justice. No award may be granted a defendant in a petty offense case. If a deposit is required by this chapter, it shall be the amount set by this section.
Source:
SL 1977, ch 193, §31; SL 1978, ch 165, §2; SL 1980, ch 26, §31; SL 1984, ch 12, §16; SL 2008, ch 113, §1; SL 2014, ch 153, §5; SL 2020, ch 124, § 5.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 01A - Petty Offense Procedure › Section 23-1A-23 - Judgment proceeds deposited in county treasuries.

23-1A-23. Judgment proceeds deposited in county treasuries.
All moneys received as payment for petty offense judgments shall be deposited in the treasury of the county where the offense occurred.
Source:
SL 1977, ch 193, §22.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-1 - Police in municipalities--Law governing--Size of force.

23-3-1. Police in municipalities--Law governing--Size of force.
The organization and regulation of police in municipalities of this state are governed by the provisions of the Title 9, "Municipal Government" in this code.
The mayor or other officer having the direction of the police in a municipality must order a force sufficient to preserve the peace to attend any public meeting, when he is satisfied that a breach of the peace may be reasonably apprehended.
Source:
SDC 1939 & Supp 1960, §34.0103; SL 1992, ch 60, §2.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-3 - Attorney general--Jurisdiction concurrent with state's attorneys.

23-3-3. Attorney general--Jurisdiction concurrent with state's attorneys.
In any and all criminal proceedings in any and all courts of this state and in any county or part of the state, the attorney general shall have concurrent jurisdiction with the state's attorney or state's attorneys of the several counties of the state.
Source:
SDC 1939 & Supp 1960, §34. 403.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-4 - Papers filed and appearances by attorney general.

23-3-4. Papers filed and appearances by attorney general.
The attorney general shall have authority to sign, file, and present any and all complaints, informations, presentments, indictments, subpoenas, affidavits, motions, process, and papers of any kind which the state's attorney might do in any criminal proceeding, and to appear before all magistrates, grand juries, courts, commissions, or tribunals in any criminal proceeding in the state, the same as the state's attorney might do, or in conjunction with said state's attorney.
Source:
SDC 1939 & Supp 1960, §34.0403.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-5 - Duties of state's attorney in criminal matters unaffected by authority of attorney general.

23-3-5. Duties of state's attorney in criminal matters unaffected by authority of attorney general.
Nothing contained in §23-3-3 or 23-3-4, however, shall relieve the state's attorneys from any duty now enjoined upon them by law nor relieve them from the duty of assisting state officials in conduct of criminal proceedings in their respective counties.
Source:
SDC 1939 & Supp 1960, §34.0403.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-6 - Division of Criminal Investigation--Control by attorney general.

23-3-6. Division of Criminal Investigation--Control by attorney general.
The Division of Criminal Investigation heretofore established by law shall continue under the superintendency and control of the attorney general as a division of his department. The records and equipment for such division heretofore transferred to or acquired by the attorney general shall be under the custody and control of the attorney general.
Source:
SDC 1939, §55.1601.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-7 - Personnel of division--Employment by attorney general--Compensation.

23-3-7. Personnel of division--Employment by attorney general--Compensation.
The attorney general may employ personnel as the attorney general requires to perform the duties of the Division of Criminal Investigation. The personnel, other than the chief agent, shall be selected from the persons classified as eligible pursuant to §3-6D-10 and shall be compensated pursuant to §3-6D-11.
Source:
SDC 1939, §55.1601; SL 1966, ch 161, §1; SL 2018, ch 12, §8.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-8 - Equipment purchase by attorney general.

23-3-8. Equipment purchase by attorney general.
The attorney general may purchase such equipment, through the Bureau of Administration, as may be necessary for the purposes of this chapter and chapters 1-13 and 23-5.
Source:
SDC 1939, §55.1601; SL 1966, ch 161, §1; SL 2004, ch 157, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-9 - Expenditures of division limited to appropriation.

23-3-9. Expenditures of division limited to appropriation.
Nothing contained in this chapter, however, shall authorize the attorney general to expend more than the appropriation provided by law for the maintenance and operation of the Division of Criminal Investigation.
Source:
SDC 1939, §55.1601 as added by SL 1966, ch 161, §1.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-10 - Police powers of division personnel.

23-3-10. Police powers of division personnel.
The assistants appointed by the attorney general shall have, in any part of the state, the same powers with respect to the enforcement of law as sheriffs, constables, police, and peace officers and may execute any warrant of arrest issued by any magistrate or court of competent jurisdiction within the state. It shall be the duty of said assistants of the attorney general to act in all parts of the state in the detection, apprehension, arrest, and prosecution of anyone violating any of the criminal laws of the state when so directed by the attorney general, except as provided by §23-3-11.
Source:
SDC 1939, §55.1602.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-11 - Personnel of division--Direction of operations by Governor.

23-3-11. Personnel of division--Direction of operations by Governor.
When in the judgment of the Governor the public good may require, the Governor may order and direct the agents and assistants appointed by the attorney general or any one or more of them, to any part of the state in the performance of their duties and which said order and direction of the Governor shall take precedence over and be superior to any other order and direction regarding said agents and assistants; and from the time of the making of said order and direction and until otherwise ordered by the Governor, said agents and assistants shall be subject to the exclusive control and direction of the Governor.
Source:
SDC 1939, §55.1602.
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-12 - Duty of division to prevent and detect violations.

23-3-12. Duty of division to prevent and detect violations.
It shall be the duty of the Division of Criminal Investigation to prevent and detect violations of the laws of the state.
Source:
SDC 1939, §55.1603 (1).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-13 - Apprehension of criminals and fugitives by division.

23-3-13. Apprehension of criminals and fugitives by division.
It shall be the duty of the Division of Criminal Investigation to apprehend criminals and fugitives.
Source:
SDC 1939, §55.1603 (2).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-14 - Cooperation of division with local peace officers.

23-3-14. Cooperation of division with local peace officers.
It shall be the duty of the Division of Criminal Investigation to cooperate with the various sheriffs, constables, policemen, and other peace officers of this state in performance of their duties relating to crime and criminal proceedings.
Source:
SDC 1939, §55.1603 (3).
2023 South Dakota Codified Laws › Title 23 - Law Enforcement › Chapter 03 - Law Enforcement Agencies › Section 23-3-15 - Cooperation of division with agencies of other state, tribal governments, and FBI.

23-3-15.Cooperation of division with agencies of other state, tribal governments, and FBI.
It shall be the duty of the Division of Criminal Investigation to cooperate with similar divisions, bureaus, or departments of other states, tribal governments, or of the Bureau of Investigation of the Department of Justice in Washington, D. C.
Source:
SDC 1939, §55.1603 (4); SL 2018, ch 139, §1.