South Dakota statute
SDCL § 23A-12-9 — Video recording of young sex crime or human trafficking victim's testimony at preliminary hearing or deposition--Use at trial
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 12: (Rule 15) Depositions, South Dakota Codified Laws.
Full text of SDCL § 23A-12-9
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
If a victim is less than sixteen years of age at the time of a preliminary hearing or deposition, a prosecuting or defense attorney may apply for an order that the victim's testimony at the preliminary hearing or deposition, in addition to being stenographically recorded, be recorded and preserved on video, if a defendant has been charged with a violation of:
(1) Subdivision 22-22-1(1) or (5);
(2) § 22-22-7; or
(3) § 22-49-2.
The scope and manner of the examination and cross-examination must be such as would be allowed at the trial. Notice of any such deposition pursuant to this section must conform in all respects to the notice requirements contained in § 23A-12-2.
The application for the order must be in writing and made at least three days before the preliminary hearing or deposition.
Upon timely receipt of the application, the court may order that the testimony of the victim given at the preliminary hearing or deposition be taken and preserved on video. The video must be transmitted to the clerk of the court in which the action is pending.
If, at the time of trial, the court finds that the victim is otherwise unavailable within the meaning of subdivision 19-19-804(a), or that such testimony would in the opinion of the court be substantially detrimental to the well-being of the victim, the court may admit the video of the victim's testimony at the preliminary hearing or deposition as former testimony under subsection 19-19-804(b)(1).
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.