South Dakota Codified Laws
Chapter 39 - (Rule 43) Presence Of The Defendant
Section 23A-39-2 - (Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.

23A-39-2.(Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.
The further progress of a trial to and including the return of a verdict shall not be prevented whenever a defendant who was initially present:
(1)In noncapital cases, voluntarily absents himself after the trial has commenced; or
(2)Engages in conduct which justifies his being excluded from the courtroom.

Source: SL 1978, ch 178, ยง486.

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Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 23A - Criminal Procedure

Chapter 39 - (Rule 43) Presence Of The Defendant

Section 23A-39-1 - (Rule 43 (a)) Presence required at all times except as provided.

Section 23A-39-2 - (Rule 43(b)) Voluntary absence of defendant from trial--Conduct justifying exclusion.

Section 23A-39-3 - (Rule 43(c)) Corporation appearing by counsel--Presence not required in misdemeanor prosecutions--Hearing to reduce sentence.

Section 23A-39-4 - Bench warrant for defendant failing to appear after release on bail--Costs assessed against defendant.

Section 23A-39-5 - Service of bench warrant.