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CHAPTER 23A-42

LIMITATION OF CRIMINAL PROSECUTIONS

23A-42-1      No limitation on prosecution for Class A, Class B, or Class C felonies.
23A-42-2      Seven-year limitation on other prosecutions.
23A-42-3      Limitation period on forgery or theft commences at time of discovery--Proof as to failure of discovery.
23A-42-4      Prosecution commenced by filing of complaint, information or indictment.
23A-42-5      Tolling of limitation period while defendant out of state.


     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.   Seven-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.


Back to Title 23A