Each person discharged from the state military forces who is later charged with having fraudulently obtained a discharge is, subject to §§ 33-10-126 to 33-10-129, inclusive, subject to trial by court-martial on that charge and is, after apprehension, subject to this code while in custody under the direction of the state military forces for that trial. Upon conviction of that charge that person is subject to trial by court-martial for all offenses under this code committed before the fraudulent discharge.

Terms Used In South Dakota Codified Laws 33-10-23

  • Conviction: A judgement of guilt against a criminal defendant.
  • 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.

Source: SL 2012, ch 175, § 4.