§ 26-11-1 Proceedings on offense for which child not subject to delinquency proceedings–Prosecution as adult–Detention in adult jail or lockup
§ 26-11-1.1 Strip-search for curfew violation prohibited
§ 26-11-2 Child arrested for other offenses taken before circuit court–Transfer by magistrateto circuit court–Disposition as if on delinquency petition
§ 26-11-3 Circuit court direction to hold child in custody until felony charge filed
§ 26-11-3.1 Request for transfer hearing by delinquent child charged with felony
§ 26-11-4 Criminal proceedings against child charged with a felony permitted by circuit court–Transfer hearing–Factors considered–Order holding child–Retention ofjurisdiction by court
§ 26-11-5.1 Provision for notice to school officials and parent or guardian by law enforcementagency where student suspected of violating state drug or alcohol laws or ofthreatening violence
§ 26-11-5.2 Provision for notice to school officials by judicial system where student convictedof certain crimes
§ 26-11-5.3 Disclosure of student’s adjudication or conviction governed by federal law–Conditions

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Terms Used In South Dakota Codified Laws > Title 26 > Chapter 11 - Criminal Proceedings Against Minors

  • Arrest: Taking physical custody of a person by lawful authority.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • 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.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Petty offense: A federal misdemeanor punishable by six months or less in prison. Source: U.S. Courts
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes property, real and personal. 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.