South Dakota § 23A-28A-5 Failure of victim to bring civil action--Action by governmental entity for costs of prosecution and imprisonment.

South Dakota Statutes

§ 23A-28A-5 — Failure of victim to bring civil action--Action by governmental entity for costs of prosecution and imprisonment.

South Dakota § 23A-28A-5

Title 23ACRIMINAL PROCEDURE

Ch. 23A-28APROFITS FROM CRIME--RESTITUTION

This text of South Dakota § 23A-28A-5 (Failure of victim to bring civil action--Action by governmental entity for costs of prosecution and imprisonment.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

S.D. Codified Laws § 23A-28A-5 (2026).

Text

If a victim or legal representative of any victim of crimes committed by such convicted person fails to bring a civil action after four years from the date of legal publication, any governmental entity incurring the cost of prosecuting and convicting the accused, or incurring the cost of the convicted person's imprisonment has one year in which to bring a civil action in a court of competent jurisdiction and recover money judgment for damages against such person or his representatives, to be paid or satisfied from the escrow account.

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If a victim or legal representative of any victim of crimes committed by such convicted person fails to bring a civil action after four years from the date of legal publication, any governmental entity incurring the cost of prosecuting and convicting the accused, or incurring the cost of the convicted person's imprisonment has one year in which to bring a civil action in a court of competent jurisdiction and recover money judgment for damages against such person or his representatives, to be paid or satisfied from the escrow account.