South Dakota Statutes
§ 33-10-22 — Subject matter jurisdiction--Primary jurisdiction.
South Dakota § 33-10-22
This text of South Dakota § 33-10-22 (Subject matter jurisdiction--Primary jurisdiction.) 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 § 33-10-22 (2026).
Text
Subject matter jurisdiction is established if a nexus exists between an offense, either military or nonmilitary, and the state military force. Courts-martial have primary jurisdiction of military offenses as defined in § 33-10-20 . A proper civilian court has primary jurisdiction of a nonmilitary offense when an act or omission violates both this code and local criminal law, foreign or domestic. In such a case, a court-martial may be initiated only after the civilian authority has declined to prosecute or dismissed the charge, provided jeopardy has not attached. Jurisdiction over attempted crimes, conspiracy crimes, solicitation, and accessory crimes shall be determined by the underlying offense.
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Legislative History
SL 2012, ch 175, § 3.
Nearby Sections
15
§ 33-1-1
Definitions.§ 33-1-10
Sections of National Guard Division--Assistant adjutants general--Qualifications of assistants.§ 33-1-11
Seal of department.§ 33-1-17
§ 33-1-17§ 33-1-17.1
§ 33-1-17.1§ 33-1-18
§ 33-1-18§ 33-1-19
§ 33-1-19Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 33-10-22, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/33-10-22.