No enhanced penalty may be imposed for any second, third, or subsequent violation, except for an offense pursuant to the provisions of chapter 32-23, unless the defendant was convicted of or plead guilty or nolo contendere to the prior offense previous in time to committing the relevant second, third, or subsequent offense.
S.D. Codified Laws § 22-6-5.2
Enhanced penalty for second, third, or subsequent violations--Limitation
Applied in 2 court decisions — leading case State v. Mundy-Geidd (2014)
Most recently applied in State v. Mundy-Geidd (December 2014)
Source: SL 2005, ch 120, § 430; SL 2012, ch 119, § 1.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.