Any person entitled to bring an action under § 34-20C-4 may seek damages from any of the following:

(1) Any person who knowingly distributed, or knowingly participated in the chain of distribution of, an illegal drug that was actually used by the user;

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Terms Used In South Dakota Codified Laws 34-20C-5

  • 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.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2

(2) Any person who knowingly participated in the illegal drug market if:

(a) The place of illegal drug activity by the user is within the illegal drug market target community of the defendant;

(b) The defendant’s participation in the illegal drug market was connected with the same type of illegal drug used by the user; and

(c) The defendant participated in the illegal drug market at any time during the user’s period of illegal drug use.

Source: SL 1997, ch 203, § 6.