22-48-1. Definitions. Terms used in this chapter mean: (1)”Convicted,” includes a finding of guilt, whether or not the adjudication of guilt is stayed or executed, an unwithdrawn judicial admission of guilt or guilty plea, a no contest plea, a judgment of conviction, an adjudication as a delinquent child, or an admission to a juvenile delinquency […]
22-48-2. Perpetrator’s assumption of risk–Victim immune from liability–Victim’s duty–Exception. A perpetrator assumes the risk of loss, injury, or death resulting from or arising out of a course of criminal conduct involving a crime, as defined in this chapter, engaged in by the perpetrator or a person who aids or abets the perpetrator, as defined in […]
22-48-2.1. Claim of use of unreasonable force by victim–Hearing to determine reasonable basis for claim. If the perpetrator claims that the victim used unreasonable force, before any discovery relating to the claim may be commenced and before the claim may be submitted to the trier of fact, the court, after hearing, must find, based on […]
22-48-3. Proof of assumption of risk. Notwithstanding other evidence that the victim may adduce relating to the perpetrator’s conviction of the crime involving the parties to a claim for relief, a certified copy of a guilty plea, a court judgment of guilt, a court record of conviction, or an adjudication as a delinquent child is […]
22-48-4. Court awards. If the perpetrator does not prevail in a claim for relief that is subject to this section, the court may award reasonable expenses, including attorney’s fees and disbursements, to the victim. Source: SL 1998, ch 124, §4.
22-48-5. Motion for stay of proceedings. Except to the extent needed to preserve evidence, any claim for relief in which the defense set forth in this section is raised shall be stayed by the court on the motion of the defendant during the pendency of any criminal action against the plaintiff based on the alleged […]
