If a victim is unable to attend the trial or hearing or any portion of the trial or hearing due to death; disability; hardship; incapacity; physical, mental, or emotional condition or age, the victim, the victim’s parent or guardian, or the victim’s immediate family may select a representative to exercise the rights granted to the victim by §§ 19-19-615, 23A-5-11, and 23A-24-6 to 23A-24-9, inclusive.

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Terms Used In South Dakota Codified Laws 23A-24-8

  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.

Source: SL 1986, ch 193, § 5; SL 2021, ch 108, § 1.