South Dakota Criminal Statute of Limitations Laws

Most states have a criminal statute of limitations for prosecutors to bring a criminal case against a suspect. These statutes apply to different crimes 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.

The statute may get suspended 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.

Statutes of limitations often differ by the severity of the crime, with homicide and other serious crimes having no time limit. If someone has charged you with a criminal offense, whether it’s 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.

Effect of an Expired Statute of Limitations

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 (including witness testimony) and maintain efficiency in the criminal justice system.

Criminal Statutes of Limitations in South Dakota

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

To learn about similar time limits in civil law, see Time Limits to Bring a Case: The Statute of Limitations.

Note: State laws are constantly changing — contact a South Dakota criminal attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law:

• South Dakota Code
• Official State Codes — Links to the official online statutes (laws) in all 50 states and D.C.

Get Legal Advice on South Dakota's Criminal Statute of Limitations Laws

South Dakota's criminal law includes specific statutes of limitations that determine how long prosecutors have to bring criminal charges. These time limits vary based on the offense, with no statute of limitations for serious crimes like first-degree murder, certain sexual offenses, and violent crimes which can lead to felony convictions. For other crimes, the limitations may range from a few years to a decade.

If you're facing potential criminal charges, legal action, or other legal issues, consult a lawyer experienced in South Dakota criminal law to protect your rights.