23A-42-1. No limitation on prosecution for Class A, Class B, or Class C felonies. There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced. Source: SDC 1939 & Supp 1960, §34.0701; SDCL, §23-8-1; SL 1978, ch 178, §500; SL 1981, ch 186, […]
23A-42-2. Seven-year limitation on other prosecutions. In all other prosecutions for a public offense and all proceedings of a quasi-criminal or penal nature, including the forfeiture of existing rights, the proceedings shall be commenced within seven years after the commission of the offense or crime which is the basis of the prosecution or proceedings, except […]
23A-42-3. Limitation period on forgery or theft commences at time of discovery–Proof as to failure of discovery. When the defendant is charged with forgery or theft, an action described in §23A-42-2 shall be commenced at any time within seven years after the discovery of the crime. The failure of discovery, if more than seven years […]
23A-42-4. Prosecution commenced by filing of complaint, information or indictment. All actions referred to in §§23A-42-1 to 23A-42-3, inclusive, shall be deemed commenced by the filing of a complaint, information or indictment with any committing magistrate or clerk of any court having jurisdiction of the offense. Source: SL 1927, ch 91; SDC 1939 & Supp […]
23A-42-5. Tolling of limitation period while defendant out of state. If when or after the offense is committed the defendant is out of the state, the indictment, information, or complaint may be filed within the period prescribed by §§23A-42-1 to 23A-42-3, inclusive, after his coming within the state, and no time during which the defendant […]
23A-42-6. No limitation during time of mental incompetence. No time during which the defendant is determined to be mentally incompetent to proceed pursuant to chapter 23A-10A is part of any limitation pursuant to this chapter. Source: SL 2021, ch 107, § 3.
