Title 23A, CRIMINAL PROCEDURE

When the sending of a letter is made a public offense by the statutes of this state, the venue of the offense is in any county where the letter is deposited or delivered or where it is received by the person to whom it is addressed. Source: SDC 1939, § 13.0107; SDCL, § 22-1-7 ; S…

Where the commission of a public offense involves the use of the mails, the venue of the offense is in any county where the letter is deposited or delivered, or where it is received by the person to whom it is addressed. Source: SL 1978, ch 178 , § 213-A.

The venue in the case of a principal in the commission of a public offense, who was not present at the commission of the offense, is in the same county in which it would be under this title if he had been present and aiding and abetting therein. Source: SDC 1939 & Supp 1960, § 34…

In the case of an accessory in the commission of a public offense as defined in § 22-3-5 , where the principal offense is committed in one county and the offense of the accessory is committed in another county, the venue is in either of the counties where the prosecution is first…

A county seat municipality which lies in more than one county is considered to be a district under the provisions of S.D. Const., Art. VI, § 7. Source: SL 1984, ch 51 .

Perjury may be prosecuted in the circuit court for either the county where the proceeding or action is venued or where the act of perjury was committed. Source: SL 2002, ch 113 , § 2.

When the commission of a public offense commenced outside this state is consummated within this state, the defendant may be punished in this state, even if he were out of the state at the time of the commission of the offense charged, if he consummated it in this state through th…

The accused has the right to a speedy public trial by an impartial jury of the county in which the offense is alleged to have been committed. Source: SDC 1939 & Supp 1960, § 34.2905 (5); SDCL, § 23-2-11; SL 1978, ch 178 , § 205.

All actions, special proceedings, motions, and applications of a criminal nature, arising under the laws of this state of which a circuit court has jurisdiction may be heard and determined at any place in the judicial circuit in which is situated the county where the same is brou…

When a person commences an offense outside this state and consummates it within this state, and this state has jurisdiction of the offense pursuant to § 23A-16-2 , the venue is in the county in which the offense is consummated. Source: SDC 1939 & Supp 1960, § 34.0801; SDCL, § 23-…

When a public offense is committed partly in one county and partly in another county, or the acts or effects thereof constituting or requisite to the offense occur in two or more counties, the venue is in either county. Source: SDC 1939 & Supp 1960, § 34.0804; SDCL, § 23-9-17; SL…

When a public offense is committed on the boundary of two or more counties, or within five hundred yards thereof, the venue is in either county. Source: SDC 1939 & Supp 1960, § 34.0804; SDCL, § 23-9-18; SL 1978, ch 178 , § 211.