Statutes of limitations are legal deadlines that determine the amount of time the government has to bring criminal charges against an individual. In South Dakota, the statutes of limitations for various criminal charges can vary greatly and it is important to understand these deadlines in order to fully protect one’s rights.
For example, in South Dakota, the statute of limitations for most felonies is seven years, meaning that the government has seven years from the date of the alleged crime to bring charges against an individual. However, for certain crimes, such as murder and some rapes, the statute of limitations is indefinitely.
23A-42-1. No limitation on prosecution for Class A, Class B, or Class C felonies.
There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced.
Source: SDC 1939 & Supp 1960, § 34.0701; SDCL, § 23-8-1; SL 1978, ch 178, § 500; SL 1981, ch 186, § 2; SL 2005, ch 120, § 149.
23A-42-2. –year limitation on other prosecutions.
In all other prosecutions for a public offense and all proceedings of a quasi-criminal or penal nature, including the forfeiture of existing rights, the proceedings shall be commenced within seven years after the commission of the offense or crime which is the basis of the prosecution or proceedings, except as provided in § 23A-42-3.
Source: SDC 1939 & Supp 1960, § 34.0703; SDCL, § 23-8-3; SL 1975, ch 279, § 2; SL 1978, ch 178, § 501.
23A-42-3. Limitation period on forgery or theft commences at time of discovery–Proof as to failure of discovery.
When the defendant is charged with forgery or theft, an action described in § 23A-42-2 shall be commenced at any time within seven years after the discovery of the crime. The failure of discovery, if more than seven years has elapsed at the time of prosecution, shall in all cases be pleaded and proven in the same manner as other elements of the offense.
Source: SL 1927, ch 91; SDC 1939 & Supp 1960, § 34.0703; SDCL, § 23-8-4; SL 1978, ch 178, § 502.
23A-42-4. Prosecution commenced by filing of complaint, information or indictment.
All actions referred to in §§ 23A-42-1 to 23A-42-3, inclusive, shall be deemed commenced by the filing of a complaint, information or indictment with any committing magistrate or clerk of any court having jurisdiction of the offense.
Source: SL 1927, ch 91; SDC 1939 & Supp 1960, § 34.0703; SDCL, § 23-8-5; SL 1978, ch 178, § 503.
23A-42-5. Tolling of limitation period while defendant out of state.
If when or after the offense is committed the defendant is out of the state, the indictment, information, or complaint may be filed within the period prescribed by §§ 23A-42-1 to 23A-42-3, inclusive, after his coming within the state, and no time during which the defendant is not an inhabitant within the state is part of the limitation.
Source: SDC 1939 & Supp 1960, § 34.0704; SDCL, § 23-8-6; SL 1978, ch 178, § 504.
23A-42-6. No limitation during time of mental incompetence.
No time during which the defendant is determined to be mentally incompetent to proceed pursuant to chapter 23A-10A is part of any limitation pursuant to this chapter.
Source: SL 2021, ch 107, § 3.
It is important to understand that, in some cases, the statute of limitations may be extended due to circumstances such as the discovery of new evidence or the absence of the defendant from the jurisdiction. It is also important to note that the statute of limitations may not apply in certain situations, such as if the defendant is a juvenile or if the victim is under the age of 18 at the time of the alleged crime.
As a criminal defense lawyer in South Dakota, I understand the complex laws surrounding statutes of limitations and the impact they can have on criminal cases. I will work with my clients to understand the specific laws and deadlines that apply to their case, and use this information to build a strong defense.
In conclusion, statutes of limitations are important legal deadlines that determine the amount of time the government has to bring criminal charges against an individual. In South Dakota, the statutes of limitations for various criminal charges can vary greatly and it is important to understand these deadlines in order to fully protect one’s rights. As a criminal defense lawyer in South Dakota, Sonny Walter is committed to helping clients understand the laws surrounding statutes of limitations and using this information to build a strong defense.