§ 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-42-6 No limitation during time of mental incompetence

Terms Used In South Dakota Codified Laws > Title 23A > Chapter 42 - Limitation of Criminal Prosecutions

  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Felony: A crime carrying a penalty of more than a year in prison.
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.