South Dakota Codified Laws 34-20C-16. Prior conviction as prima facie evidence of participation in illegal drug market
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Any person against whom recovery is sought who has a criminal conviction under state or federal drug laws is estopped from denying participation in the illegal drug market. Such a conviction is also prima facie evidence of the person’s participation in the illegal drug market during the two years preceding the date of an act giving rise to a conviction.
The absence of criminal drug conviction of a person against whom recovery is sought does not bar an action against that person.
Terms Used In South Dakota Codified Laws 34-20C-16
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
Source: SL 1997, ch 203, § 18.