62 chapters · 771 sections in this title.
SDCL § 22-48-1 Definitions
1.3K chars
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 c…
SDCL § 22-48-2.1 Claim of use of unreasonable force by victim--Hearing to determine reasonable basis for claim
0.4K chars
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 …
SDCL § 22-48-3 Proof of assumption of risk
0.4K chars
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 delinqu…
SDCL § 22-48-4 Court awards
0.2K chars
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.
SDCL § 22-48-5 Motion for stay of proceedings
0.3K chars
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.…