South Dakota Codified Laws
Chapter 28A - Profits From Crime--Restitution
Section 23A-28A-3 - Escrow account for benefit of victim--Civil action by victim.

23A-28A-3. Escrow account for benefit of victim--Civil action by victim.
The attorney general shall deposit such moneys in an escrow account and shall escrow such personal property in an appropriate manner for the benefit of and payable to any victim or legal representative of any victim of crimes committed by such convicted person, or by such accused person, but only if such accused person is eventually convicted of the crime and provided that such victim, within five years of the date of the establishment of such escrow account, brings a civil action in a court of competent jurisdiction and recovers a money judgment for damages against such person or his representatives.

Source: SL 1982, ch 184, ยง2.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 28A - Profits From Crime--Restitution

Section 23A-28A-1 - Contracts with accused or convicted persons for publications regarding crime--Attorney general to receive copy of contract and moneys owed.

Section 23A-28A-2 - Attorney general's proceedings under escrow provisions--Notice to accused or convicted person--Application by accused or convicted person for hearing--Orders by court.

Section 23A-28A-3 - Escrow account for benefit of victim--Civil action by victim.

Section 23A-28A-4 - Notices of escrow moneys held by attorney general.

Section 23A-28A-5 - Failure of victim to bring civil action--Action by governmental entity for costs of prosecution and imprisonment.

Section 23A-28A-6 - Reimbursement of governmental entities for costs of prosecution and imprisonment--Crediting of proceeds.

Section 23A-28A-7 - Acquittal of accused person--Payment of escrowed moneys.

Section 23A-28A-8 - No actions brought against escrowed moneys--Payment to convicted person.

Section 23A-28A-9 - Person not guilty as result of mental illness deemed convicted person.

Section 23A-28A-10 - Person unfit for trial as result of mental illness--Action by attorney general to determine disposition of escrow account.

Section 23A-28A-11 - Commencement of five-year period for bringing action.

Section 23A-28A-12 - Charges and costs of attorney general deducted from escrow account.

Section 23A-28A-13 - Legal representation of accused or convicted person--Use of escrowed moneys.

Section 23A-28A-14 - Acts by accused or convicted person to defeat purpose of chapter void.