§ 23A-49-2 Conveyance used in common carrier business not subject to forfeiture–Exception
§ 23A-49-3 Stolen and leased conveyances not subject to forfeiture–Exception
§ 23A-49-4 Conveyance not subject to forfeiture for acts or omissions of nonowner–Exception
§ 23A-49-5 Item not subject to forfeiture for act or omission without owner’s knowledge or consent
§ 23A-49-6 Victim protected against forfeiture by victim immunity
§ 23A-49-7 Seizure of property by court process
§ 23A-49-8 Seizure of property without court process
§ 23A-49-9 Time for instituting proceedings
§ 23A-49-10 Seized property subject only to order of court or official
§ 23A-49-11 Attorney general action with respect to seized property
§ 23A-49-12 Property subject to security interest–Action by attorney general
§ 23A-49-13 Civil action–Standard of proof
§ 23A-49-14 Procedure in forfeiture proceedings involving property other than real property or conveyances
§ 23A-49-15 Procedure in forfeiture proceedings involving real property or conveyances
§ 23A-49-16 Service of process by mail where person released on bail
§ 23A-49-17 Answer by party in interest
§ 23A-49-18 Disposition of property by court where no appearance made
§ 23A-49-19 Trial–Disposition of property by court
§ 23A-49-20 Attorney general’s disposition of forfeited property
§ 23A-49-21 Seized property–Written report–Contents
§ 23A-49-22 Seized property–Searchable website or spreadsheet
§ 23A-49-23 Seized property–Information to be public
§ 23A-49-24 Seized property–Fees and costs recouped
§ 23A-49-25 Seized property–Promulgation of rules
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Terms Used In South Dakota Codified Laws > Title 23A > Chapter 49 - Civil Forfeiture for Crime

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Arrest: Taking physical custody of a person by lawful authority.
  • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
  • Children: includes children by birth and by adoption. See South Dakota Codified Laws 2-14-2
  • Civil forfeiture: The loss of ownership of property used to conduct illegal activity.
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Property: includes property, real and personal. See South Dakota Codified Laws 2-14-2
  • Seal: includes an impression of the seal upon the paper alone, as well as upon wax or a wafer affixed to the paper, and also the word "seal" written or printed on such paper. See South Dakota Codified Laws 2-14-2
  • Summons: Another word for subpoena used by the criminal justice system.
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.