The omission to specify or affirm in this title any liability to any damages, penalty, forfeiture, or other remedy imposed by law and allowed to be recovered or enforced in any civil action or proceeding for any act or omission declared punishable in this title does not affect any right to recover or enforce the same.
S.D. Codified Laws § 22-2-1
Civil remedy not affected by failure to affirm civil liability
Applied in 2 court decisions — leading case Benson v. State (2006)
Most recently applied in State v. Hillyer (June 2025)
Source: SDC 1939, § 13.0110; SL 2005, ch 120, § 367.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.