Proceedings under this chapter do not limit or impair the rights of victims to sue and recover damages from the defendant in a civil action. However, any restitution payment by the defendant to a victim shall be set off against any judgment in favor of the victim in a civil action arising out of the same facts or event.
S.D. Codified Laws § 23A-28-9
Civil remedies of victims unimpaired--Restitution payments set off
Source: SL 1978, ch 178, § 361; SL 1986, ch 196, § 4.
Official source: South Dakota Legislature. Reproduced from public-domain South Dakota statutes; confirm against the official source for the current text. Not legal advice.