23A-42-5. Tolling of limitation period while defendant out of state.
If when or after the offense is committed the defendant is out of the state, the indictment, information, or complaint may be filed within the period prescribed by §§23A-42-1 to 23A-42-3, inclusive, after his coming within the state, and no time during which the defendant is not an inhabitant within the state is part of the limitation.
Source: SDC 1939 & Supp 1960, §34.0704; SDCL, §23-8-6; SL 1978, ch 178, §504.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 42 - Limitation Of Criminal Prosecutions
Section 23A-42-1 - No limitation on prosecution for Class A, Class B, or Class C felonies.
Section 23A-42-2 - Seven-year limitation on other prosecutions.
Section 23A-42-4 - Prosecution commenced by filing of complaint, information or indictment.
Section 23A-42-5 - Tolling of limitation period while defendant out of state.
Section 23A-42-6 - No limitation during time of mental incompetence.