SOUTH DAKOTA CHILD SEX ABUSE SOLs
Historical CSA SOL Treatise
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Current Civil SOL
CSA: The civil SOL for CSA claims against all defendants is age 19 with a 3-year discovery rule that has an upper age limit of 40 years for claims against non-perpetrator defendants.
Trafficking: The civil SOL for trafficking claims is age 24.
CSAM: The civil SOL for CSAM claims is age 24.
Civil SOL Snapshot |
|
| Age Cap |
CSA: AGE 19 TRAFFICKING: AGE 24 CSAM: AGE 24 |
| Revival Law | NONE |
| Discovery Tolling |
3 YEARS AGAINST PERPETRATOR 3 YEARS UP TO AGE 40 AGAINST OTHER DEFENDANTS |
Current Criminal SOL
CSA: There is no criminal SOL for first- and second-degree rape. The SOL is either age 25 or 7 years from the offense for other felonies and misdemeanors.
Trafficking: The SOL is 7 years from the offense for trafficking.
CSAM: The SOL for CSAM is 7 years from the offense.
Criminal SOL Snapshot |
|
| CSA | NO SOL |
| Trafficking | 7 YEARS FROM OFFENSE |
| CSAM | 7 YEARS FROM OFFENSE |
Current South Dakota Civil Law
S.D. CODIFIED LAWS § 26-10-25 - TIME FOR COMMENCING CIVIL ACTION FOR DAMAGES RESULTING FROM CHILDHOOD SEXUAL ABUSE
Any civil action based on intentional conduct brought by any person for recovery of damages for injury suffered as a result of childhood sexual abuse shall be commenced within three years of the act alleged to have caused the injury or condition, or three years of the time the victim discovered or reasonably should have discovered that the injury or condition was caused by the act, whichever period expires later. However, no person who has reached the age of forty years may recover damages from any person or entity other than the person who perpetrated the actual act of sexual abuse.
CASE LAW
One Star v. Sisters of St. Francis, 2008 SD 55, P13, 752 N.W.2d 668, 675 (S.D. 2008): “SDCL 26-10-25, however, may delay the accrual until a plaintiff reasonably should have discovered the causal connection between the alleged abuse and the plaintiff’s injury. Therefore, we agree with One Star and Sorace that, under this statute, discovery of the injuries alone is not sufficient to start the running of the statute. Rather, there must also be discovery of some tie linking the acts of abuse to an injury; i.e., ‘that the injury or condition was caused by the act.’ SDCL 26-10-25.”
Current South Dakota Criminal Law
S.D. CODIFIED LAWS § 23A-42-1 - NO LIMITATION ON PROSECUTION FOR CLASS A, CLASS B, OR CLASS C FELONIES
There is no limitation on the time within which a prosecution for Class A, Class B, or Class C felony must be commenced.
S.D. CODIFIED LAWS § 23A-42-2 - SEVEN-YEAR LIMITATION ON OTHER PROSECUTIONS
In all other prosecutions for a public offense and all proceedings of a quasi-criminal or penal nature, including the forfeiture of existing rights, the proceedings shall be commenced within seven years after the commission of the offense or crime which is the basis of the prosecution or proceedings, except as provided in § 23A-42-3.
CASE LAW
The information provided is solely for informational purposes and is not legal advice. To determine the South Dakota SOL in a particular case, contact a lawyer in the state.
Last Updated: November 15, 2023


