Section 33-10-167 applies to a person subject to this code who:

(1) While in the custody of a state, the United States, or a foreign country is temporarily returned by that state, the United States, or a foreign country to the state military forces for trial by court-martial; and

Terms Used In South Dakota Codified Laws 33-10-168

  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

(2) After the court-martial, is returned to that state, the United States, or a foreign country under the authority of a mutual agreement or treaty, as the case may be.

For the purposes of this section and § 33-10-167, the term, state, includes the District of Columbia and any commonwealth, territory, or possession of the United States.

Source: SL 2012, ch 175, § 149.