South Dakota Codified Laws 23A-28-9. Civil remedies of victims unimpaired–Restitution payments set off
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Proceedings under this chapter do not limit or impair the rights of victims to sue and recover damages from the defendant in a civil action. However, any restitution payment by the defendant to a victim shall be set off against any judgment in favor of the victim in a civil action arising out of the same facts or event.
Terms Used In South Dakota Codified Laws 23A-28-9
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
Source: SL 1978, ch 178, § 361; SL 1986, ch 196, § 4.