23A-28-9. Civil remedies of victims unimpaired--Restitution payments set off.
Proceedings under this chapter do not limit or impair the rights of victims to sue and recover damages from the defendant in a civil action. However, any restitution payment by the defendant to a victim shall be set off against any judgment in favor of the victim in a civil action arising out of the same facts or event.
Source: SL 1978, ch 178, §361; SL 1986, ch 196, §4.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 28 - Restitution To Victims Of Crime
Section 23A-28-1 - Policy of state--Enforcement of order.
Section 23A-28-2 - Definition of terms.
Section 23A-28-4 - Submission of restitution plan to court--Approval or modification.
Section 23A-28-5 - Factors considered in formulating restitution plan.
Section 23A-28-6 - Notice to victims of restitution plan--Civil action against defendant.
Section 23A-28-9 - Civil remedies of victims unimpaired--Restitution payments set off.
Section 23A-28-13 - Unlawful taking of money from store or mercantile establishment.
Section 23A-28-14 - Release of certain information to victims of delinquent act of juvenile.