The repeal of any statute by the Legislature shall not have the effect to release or extinguish any penalty, forfeiture, or liability incurred under such statute unless the repealing act shall so expressly provide, and such statute shall be treated as still remaining in force for the purpose of sustaining any proper action or prosecution for the enforcement of such penalty, forfeiture, or liability.
S.D. Codified Laws § 2-14-18
Penalties and liabilities surviving repeal of act
Applied in 6 court decisions — leading case State v. Means (1978)
Most recently applied in S.D. Life & Health Guaranty Assoc. v. S.D. Bankers Benefit Plan Trust (July 2023)
Source: SDC 1939, § 65.0202 (15).
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.