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South Dakota statute

SDCL § 26-11-2 — Child arrested for other offenses taken before circuit court--Transfer by magistrate to circuit court--Disposition as if on delinquency petition

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

Part of Chapter 11: Criminal Proceedings Against Minors, South Dakota Codified Laws.

Full text of SDCL § 26-11-2

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 § 26-11-2Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
If the arrest is for an offense for which the child is subject to proceedings as a delinquent child as defined in § 26-8C-2, the child shall be taken directly before the circuit court. If the child is taken before a magistrate upon a complaint sworn out in that court or for any other reason, the magistrate shall transfer the case to the circuit court and the officer in charge of the child shall take the child before the circuit court. The circuit court may proceed to hear and dispose of the case as if the petition had originally been filed in that court as provided in chapter 26-8C.

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This reference is informational and is not legal advice.