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.

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Terms Used In South Dakota Codified Laws 22-48-3

  • Conviction: A judgement of guilt against a criminal defendant.
  • Crime: includes an offense named in §. See South Dakota Codified Laws 22-48-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.

Source: SL 1998, ch 124, § 3.