{"id":376304,"date":"2016-03-31T21:36:45","date_gmt":"2016-04-01T02:36:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-criminal-statute-of-limitations-laws.html"},"modified":"2025-03-13T10:56:51","modified_gmt":"2025-03-13T15:56:51","slug":"south-dakota-criminal-statute-of-limitations-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-criminal-statute-of-limitations-laws.html","title":{"rendered":"South Dakota Criminal Statute of Limitations Laws"},"content":{"rendered":"\n
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South Dakota Criminal Statute of Limitations Laws<\/h1>\n
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\n By Olivia Wathne, J.D.<\/a> | Legally reviewed by FindLaw Staff<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Most states have a criminal statute of limitations<\/a> for prosecutors to bring a criminal case against a suspect. These statutes apply to different crimes<\/a> based on their general classification as felonies or misdemeanors. Generally, the time limit starts on the date the offense happened, not from when someone discovered the crime or the accused.<\/p>\r\n

The statute may get suspended<\/a> for any period the accused is absent from the state or, in some states, while any other indictment for the same crime is pending. This suspension allows the state to get a new indictment if the first one is invalid.<\/p>\r\n

Statutes of limitations often differ by the severity of the crime, with homicide<\/a> and other serious crimes having no time limit. If someone has charged you with a criminal offense, whether it\u2019s aggravated assault or petty offenses, it’s important to understand your rights in South Dakota and whether the statute of limitations has begun to toll. It could make the difference between life in a penitentiary and freedom.<\/p>\r\n

Effect of an Expired Statute of Limitations<\/b><\/h2>\r\n

Generally, criminal suspects aren’t charged with a crime if the statute of limitations has expired, provided they lived openly (not evading law enforcement) throughout the statutory period. Statutes of limitation help preserve the integrity of evidence<\/a> (including witness testimony) and maintain efficiency in the criminal justice system.<\/p>\r\n

Criminal Statutes of Limitations in South Dakota<\/b><\/h2>\r\n

In South Dakota, all misdemeanors<\/a> carry a seven-year statute of limitations. Most felonies<\/a> also have a seven-year statute of limitations. Class A, class B, and class C felonies do not have any statutes of limitations.<\/p>\r\n

To learn about similar time limits in civil law, see Time Limits to Bring a Case: The Statute of Limitations<\/a>.<\/p>\r\n\r\n
Code sections<\/th>\r\n

23A-42-1<\/a>; 23A-42-2<\/a>; 23A-42-3<\/a>; and 23A-42-5<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Felonies<\/th>\r\n

Forgery or theft: seven-year time limit, unless the failure of discovery within that time frame is proven.<\/p>\r\n<\/td>\r\n<\/tr>

Misdemeanors<\/th>\r\n

Seven-year time limit. This includes false imprisonment and certain simple assault domestic violence cases.<\/p>\r\n<\/td>\r\n<\/tr>

Acts during which statute does not run<\/th>\r\n

The limitation period for prosecution stops when the defendant is not an inhabitant of the state.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are constantly changing \u2014 contact a <\/i>South Dakota criminal attorney<\/i><\/a> or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Research the Law:<\/b><\/h2>\r\n