Criminal Statutes of Limitations in South Dakota
How long prosecutors in South Dakota have to file charges for felonies and misdemeanors, and which crimes have no time limit.
Short answer: There is no limitation on the time within which a prosecution for a Class A, Class B, or Class C felony must be commenced. SDCL 23A-42-1, 23A-42-2, 22-22-1
| Criminal statutes of limitations | There is no limitation on the time within which a prosecution for a Class A, Class B, or Class C felony must be commenced. Otherwise, a prosecution for a public offense (and quasi-criminal or penal proceedings) shall be commenced within seven years after the commission of the offense or crime, except as provided in § 23A-42-3. For rape: no limitation for rape of a victim under thirteen or rape by force or threats (subdivisions (1) and (2) of § 22-22-1); other rape charges may be commenced before the victim turns twenty-five or within seven years of the offense, whichever is longer. No limit: https://sdlegislature.gov/Statutes/23A-42-1 Source: SDCL 23A-42-1, 23A-42-2, 22-22-1 |
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FAQ
What is the statute of limitations for crimes in South Dakota?
There is no limitation on the time within which a prosecution for a Class A, Class B, or Class C felony must be commenced. Otherwise, a prosecution for a public offense (and quasi-criminal or penal proceedings) shall be commenced within seven years after the commission of the offense or crime, except as provided in § 23A-42-3. For rape: no limitation for rape of a victim under thirteen or rape by force or threats (subdivisions (1) and (2) of § 22-22-1); other rape charges may be commenced before the victim turns twenty-five or within seven years of the offense, whichever is longer.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.