Below are the statutes of limitation for criminal cases in South Dakota which set forth the time periods within which a legal proceeding must be commenced. If the state fails to bring a case within the specified time period, it loses its right to prosecute for that crime forever. In general, violent crimes have a longer statute of limitations, and with some crimes there is no statute of limitations. In certain instances, the statute of limitations may be tolled, or suspended, which grants the state additional time to commence a legal action.
S.D. Codified Laws § 23A-42-1, et seq.
Offenses
Class A, Class B, or Class C felonies: no limit
Other prosecutions: within seven years from commission of the offense/crime (see SD ST § 23A-42-2 for an exception regarding forgery or theft)
Tolling Provisions
The period of limitation for prosecution is suspended during times in which the defendant is not an inhabitant of the state.
