23A-28C-4. Victim defined.
For the purposes of this chapter, the term, victim, means any person being the direct subject of an alleged act that would constitute a crime of violence as defined by subdivision 22-1-2(9), burglary in the second degree, simple assault as defined in §§22-18-1 and 22-18-1.5, interference with emergency communication as defined in §49-31-29.2, violation of a protection order or no contact order as defined in §25-10-13, disorderly conduct between persons in a relationship described in §25-10-3.1, stalking as defined in chapter 22-19A, a violation of chapter 22-22, a violation of chapter 22-49, or a driving or boating under the influence vehicle accident, under the laws of South Dakota or the laws of the United States. If the victim does not survive, is a minor, or is unable to comment, the term, victim, means the members of the immediate family of the primary victim. The victim may also designate a representative to act on the victim's behalf.
Source: SL 1991, ch 202, §4; SL 1994, ch 181; SL 1999, ch 127, §1; SL 2014, ch 125, §10; SL 2018, ch 146, §1.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 28C - Crime Victims' Act
Section 23A-28C-1 - Rights of crime victim.
Section 23A-28C-1.1 - Notice defined.
Section 23A-28C-1.2 - Electronic notification and SAVIN system defined.
Section 23A-28C-2 - Notice of rights--Victim registration with SAVIN system--Confidentiality.
Section 23A-28C-3 - Enforcement of constitutional or statutory rights.
Section 23A-28C-4 - Victim defined.
Section 23A-28C-5 - Notice of incarcerated offender's change of status.
Section 23A-28C-6 - Notice to be provided by Department of Corrections or state's attorney.
Section 23A-28C-7 - Victim or witness assistant--Appointment and compensation.
Section 23A-28C-8 - Victim or witness assistant--Duties.
Section 23A-28C-9 - Notice to immediate family.
Section 23A-28C-10 - Statewide automated victim information and notification system.
Section 23A-28C-11 - Notice of clemency hearing--Contents.
Section 23A-28C-12 - Notice of discretionary parole hearing--Contents.
Section 23A-28C-13 - Victim request for notification.
Section 23A-28C-14 - Request for notification by parent or guardian.
Section 23A-28C-15 - Sharing of information by interagency multidisciplinary teams.