Home/South Dakota/Statutes/Title 23A: CRIMINAL PROCEDURE/Ch. 23A-39: (RULE 43) PRESENCE OF THE DEFENDANT/§ 23A-39-2
South Dakota Statutes

§ 23A-39-2 — (Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.

South Dakota § 23A-39-2
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-39(RULE 43) PRESENCE OF THE DEFENDANT

This text of South Dakota § 23A-39-2 ((Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.) 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-39-2 (2026).

Text

The further progress of a trial to and including the return of a verdict shall not be prevented whenever a defendant who was initially present:

(1)In noncapital cases, voluntarily absents himself after the trial has commenced; or (2) Engages in conduct which justifies his being excluded from the courtroom.

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Related

State v. Talarico
2003 SD 41 (South Dakota Supreme Court, 2003)
18 case citations
Kost v. State
344 N.W.2d 83 (South Dakota Supreme Court, 1984)
12 case citations
State v. Olson
449 N.W.2d 251 (South Dakota Supreme Court, 1989)
10 case citations

Legislative History

SL 1978, ch 178, § 486.

Nearby Sections

15
§ 23A-1-1
(Rule 1) Proceedings governed by title.
§ 23A-1-2
(Rule 2) Purposes of title--Construction.
§ 23A-10-2
Form of plea raising defense.
§ 23A-10-3
(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.
§ 23A-10-4
(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.
§ 23A-10-5
(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.
§ 23A-10-6
Mistrial when defense raised without pleading--Subsequent trial.
§ 23A-10-7
Independent psychiatric examination--Court approval--Notice--Cost.
§ 23A-10A-1
Definition of mental incompetency.
§ 23A-10A-10
Expense of maintenance of defendant committed.
§ 23A-10A-13
Approved facility defined.
§ 23A-10A-13.1
Restoration to competency program defined.
§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.
§ 23A-10A-15
Length of detention for Class A, B, or C felony.
§ 23A-10A-16
Time in approved facility credited to term of imprisonment.
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Bluebook (online)
South Dakota § 23A-39-2, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-39-2.