Criminal Statute of Limitations in South Dakota in SD — Criminal Defense Legal Guide | CGMIMM

## How long do prosecutors have to charge me with a crime in South Dakota? Every state has a **criminal statute of limitations** — a deadline for the state to file charges. After it expires, the state generally cannot prosecute you for that offense. The deadlines depend on how serious the offense is. ### South Dakota's framework (SDCL § 23A-42-1, § 23A-42-2) - **Misdemeanors:** 2 years. - **Most non-violent felonies:** 3-7 years (most). - **Serious / capital crimes:** No SOL on murder, Class A/B/C felonies including manslaughter, kidnapping, certain sex offenses. ## When does the clock start? In most cases, the clock starts on the date the offense was committed. There are several big exceptions: - **Discovery rule** — for fraud, theft, or embezzlement, the clock often doesn't start until the offense is discovered or reasonably should have been. - **Sex offenses against minors** — many states pause the clock until the victim turns 18 (or longer); some states have abolished SOLs for these crimes entirely. - **Defendant fled the state** — most states pause the clock while the defendant is outside the jurisdiction. - **Tolling for DNA evidence** — some states extend the SOL when DNA evidence later identifies a suspect. ## Why this matters If charges are filed AFTER the SOL expired, you can move to dismiss — but you have to raise it. Prosecutors don't always realize the clock has run, and some courts treat it as waivable if not timely raised. **A defense attorney will check this on day one.** ## SOL is different from "speedy trial" Don't confuse the SOL (deadline to **file** charges) with speedy-trial rules (deadline to bring you to **trial** once charges are filed). The SOL stops once an indictment or information is filed; speedy-trial clocks then start running. Both can defeat a case. ## Federal crimes are different Federal crimes have their own SOL (typically 5 years for most felonies, longer for capital crimes, financial fraud against banks, terrorism, or sex offenses against minors). State SOLs do not apply to federal prosecutions, and vice versa. ## What you should do If you're facing charges — or worried about being charged — for something that happened years ago, talk to a South Dakota criminal defense attorney immediately. The SOL can be the basis to dismiss your case before it ever reaches trial. Many criminal defense attorneys offer free consultations. --- *This guide is general information about South Dakota law as of early 2026 and is not legal advice. Criminal SOLs have many offense-specific exceptions, recent amendments, and tolling provisions that can change the analysis. Talk to a licensed South Dakota criminal-defense attorney about your specific situation.*