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South Dakota statute

SDCL § 23A-42-5 — Tolling of limitation period while defendant out of state

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 42: Limitation Of Criminal Prosecutions, South Dakota Codified Laws.

Full text of SDCL § 23A-42-5

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.

SDCL § 23A-42-5Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
If when or after the offense is committed the defendant is out of the state, the indictment, information, or complaint may be filed within the period prescribed by §§ 23A-42-1 to 23A-42-3, inclusive, after his coming within the state, and no time during which the defendant is not an inhabitant within the state is part of the limitation.

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This reference is informational and is not legal advice.