South Dakota

33-10-1. Repealed by SL 2012, ch 175, §§ 290 to 308.

33-10-20. Definitions.

33-10-21. Persons subject to this code.

33-10-22. Subject matter jurisdiction--Primary jurisdiction.

33-10-23. Jurisdiction over persons charged with fraudulent discharge.

33-10-24. Jurisdiction over deserters.

33-10-25. Applicability to persons in duty status or where nexus exists between offense and state military functions--Civilian jurisdiction.

33-10-26. Extraterritorial jurisdiction.

33-10-27. Judge advocate supervision.

33-10-28. Communication with judge advocates.

33-10-29. Judge advocate to reviewing authority.

33-10-30. Apprehension defined.

33-10-31. Persons authorized to apprehend upon probable cause.

33-10-32. Quelling of or apprehension for quarrels, frays, and disorders.

33-10-33. Extradition.

33-10-34. Fees for apprehension.

33-10-35. Arrest and confinement defined.

33-10-36. Arrest or confinement of enlisted member.

33-10-37. Arrest or confinement of commissioned officer, warrant officer, or civilian.

33-10-38. Probable cause to arrest or confine.

33-10-39. Custody before notification of proper authority.

33-10-40. Notice of offense--Diligent steps for trial or dismissal.

33-10-41. Place of confinement.

33-10-42. Receiving of prisoners.

33-10-43. Reports of prisoners.

33-10-44. Confinement with enemy prisoners prohibited.

33-10-45. Punishment prohibited before trial.

33-10-46. Delivery of offenders to civil authorities.

33-10-47. Completion of sentence of court martial upon return from civil authority.

33-10-48. Failure of enlisted member to report for duty--Arrest--Fees--Promulgation of rules.

33-10-49. Arrest or confinement for disobedience or disruption--Trespassers.

33-10-50. Commanding officer's non-judicial punishment.

33-10-51. Forms of punishment by any commanding officer.

33-10-52. Forms of punishment by major, lieutenant commander, or above.

33-10-53. Forms of punishment by Governor, adjutant general, or certain other officers.

33-10-54. Duration of consecutive punishments.

33-10-55. Arrest in quarters or restriction--Notice regarding right to trial by court-martial.

33-10-56. Suspension or mitigation of punishment.

33-10-57. Appeal.

33-10-58. Punishment not a bar to trial by court-martial or civilian court--Consideration of disciplinary punishment.

33-10-59. Forfeiture of pay.

33-10-60. Promulgation of rules regarding records.

33-10-61. Courts-martial classified.

33-10-62. Jurisdiction of courts-martial in general.

33-10-63. Jurisdiction of general courts-martial.

33-10-64. Jurisdiction of special courts-martial.

33-10-65. Jurisdiction of summary courts-martial.

33-10-66. Objection to trial by summary courts-martial.

33-10-67. Who may convene general courts-martial.

33-10-68. Who may convene special courts-martial.

33-10-69. Who may convene summary courts-martial.

33-10-70. Commissioned officer service on courts-martial.

33-10-71. Warrant officer service on courts-martial.

33-10-72. Enlisted member service on courts-martial.

33-10-73. Court-martial member to be senior to accused.

33-10-74. Qualifications of court-martial member.

33-10-75. Excuse of court-martial member from participating.

33-10-76. Military judge detailed to general and special court-martial.

33-10-77. Qualifications of military judge.

33-10-78. Admission of military judge pro hac vice.

33-10-79. Designation of military judge--Performance report prohibited.

33-10-80. Military judge may not be accuser, witness, investigator, or counsel.

33-10-81. Consultation with members of court.

33-10-82. Detail of trial counsel and defense counsel.

33-10-83. Counsel may not have been investigator, military judge, witness, court member, or opposing counsel.

33-10-84. Qualifications of counsel.

33-10-85. Admission of defense counsel pro hac vice--Qualifications.

33-10-86. Detail or employment of court reporters and interpreters--Promulgation of rules.

33-10-87. Absent members of court-martial.

33-10-88. Additional members of general court-martial.

33-10-89. Additional members of special court-martial.

33-10-90. Court-martial composed of military judge only--Procedure when military judge unable to proceed.

33-10-91. Marshal--Duties.

33-10-92. Compensation of marshal.

33-10-93. Malfeasance of sheriff or marshal.

33-10-94. Immunity of court members.

33-10-95. Charges and specifications.

33-10-96. Compulsory self-incrimination prohibited.

33-10-97. Advice of right to remain silent.

33-10-98. Compulsory self-degradation prohibited.

33-10-99. Exclusion of evidence.

33-10-100. Investigation of charges.

33-10-101. Notice to accused of charges--Right to counsel--Examination of witnesses--Statement of testimony.

33-10-102. Demand for further investigation.

33-10-103. Investigation of uncharged offenses.

33-10-104. Nonjurisdictional error.

33-10-105. Forwarding of charges.

33-10-106. Advice of judge advocate regarding charge.

33-10-107. Contents of judge advocate's statement--Reference for trial.

33-10-108. Correction of charges or specifications.

33-10-109. Service of charges.

33-10-110. Promulgation of procedural rules by Governor or adjutant general.

33-10-111. Unlawfully influencing action of court.

33-10-112. Report of performance as court-martial member, witness, or counsel prohibited.

33-10-113. Qualifications of trial counsel--Preparation of record.

33-10-114. Qualifications of defense counsel--Rights of accused.

33-10-115. Duties of defense counsel in court-martial proceeding resulting in conviction.

33-10-116. Sessions without presence of court-martial members--Record.

33-10-117. Presence of accused, counsel, and military judge at proceedings--Exception.

33-10-118. Continuances.

33-10-119. Challenges for cause.

33-10-120. Procedure when court members reduced below minimum by challenge for cause.

33-10-121. Peremptory challenges.

33-10-122. Procedure when court members reduced below minimum by peremptory challenge.

33-10-123. Challenges after additional members are detailed.

33-10-124. Oath of military judge, court-martial member, trial counsel, defense counsel, reporter, and interpreter.

33-10-125. Oath of witness.

33-10-126. Statute of limitations.

33-10-127. Unauthorized absence excluded in computing limitation period.

33-10-128. Absence from territory excluded in computing limitation period.

33-10-129. Limitation period during wartime.

33-10-130. Statute of limitations for new charges and specifications following dismissal for defect or insufficiency.

33-10-131. Conditions for new charges and specifications.

33-10-132. Former jeopardy.

33-10-133. Jeopardy where accused found guilty.

33-10-134. Jeopardy where accused not found guilty.

33-10-135. Not guilty plea.

33-10-136. Finding upon guilty plea--Withdrawal of guilty plea.

33-10-137. Opportunity to obtain witnesses and other evidence.

33-10-138. Refusal to appear or testify.

33-10-139. Witness fees.

33-10-140. Contempt.

33-10-141. Oral and written depositions.

33-10-142. Notice of deposition.

33-10-143. Officers before whom deposition taken.

33-10-144. Admissibility of deposition.

33-10-145. Admissibility of records of courts of inquiry.

33-10-146. Defense of lack of mental responsibility.

33-10-147. Burden of proof of lack of mental responsibility.

33-10-148. Findings by court-martial members when lack of mental responsibility at issue.

33-10-149. Findings by military judge or summary court-martial officer when lack of mental responsibility at issue.

33-10-150. Conditions for finding of not guilty by reason of lack of mental responsibility.

33-10-151. Voting by secret written ballot.

33-10-152. Rulings upon questions of law and interlocutory questions.

33-10-153. Instructions.

33-10-154. Findings and rulings by court-martial composed of military judge only.

33-10-155. Number of votes required.

33-10-156. Court to announce action.

33-10-157. Record of proceedings--Authentication.

33-10-158. Contents of record--Promulgation of rules.

33-10-159. Records of summary court-martial--Promulgation of rules.

33-10-160. Copy of record to be given to the accused.

33-10-161. Cruel and unusual punishments prohibited.

33-10-162. Maximum sentence--Felony and misdemeanor--Noncriminal conviction.

33-10-163. Limits of punishment.

33-10-164. Forfeitures.

33-10-165. Computation of period of confinement--Effective date of other sentences.

33-10-166. Deferment of sentence to confinement--Rescission.

33-10-167. Deferment until after accused has been permanently released to state military forces.

33-10-168. Persons subject to deferment until permanently released to state military forces.

33-10-169. Deferment of sentence to confinement while review pending.

33-10-170. Place of confinement.

33-10-171. Hard labor.

33-10-172. Fees for confinement.

33-10-173. Reduction of enlisted member pay grade.

33-10-174. Restoration of pay.

33-10-175. Forfeiture of pay and allowances.

33-10-176. Sentences subject to forfeiture of pay and allowances.

33-10-177. Waiver of forfeiture of pay and allowances for dependents of accused.

33-10-178. Restoration of pay and allowances.

33-10-179. Error of law.

33-10-180. Lesser included offense.

33-10-181. Prompt report of findings and sentence to convening authority.

33-10-182. Submission to convening authority of matters for consideration--Time for submission.

33-10-183. Extension of time for submission.

33-10-184. Provision of record to accused.

33-10-185. Waiver of right to make submission.

33-10-186. Authority to modify findings and sentence.

33-10-187. Action on sentence of court-martial.

33-10-188. Action on findings of court-martial.

33-10-189. Recommendation of judge advocate--Promulgation of rules--Response and objection.

33-10-190. Proceeding in revision or rehearing.

33-10-191. Matters considered at proceeding in revision.

33-10-192. Matters considered at rehearing--Dismissal without rehearing.

33-10-193. Withdrawal of appeal.

33-10-194. Time for withdrawal of appeal.

33-10-195. Appeal by the state.

33-10-196. Time for appeal by the state--Contents of notice of appeal.

33-10-197. Diligent prosecution of appeal.

33-10-198. State's appeal to Supreme Court limited to matters of law.

33-10-199. Consideration of delay concerning issue of speedy trial.

33-10-200. Rehearings.

33-10-201. Review by senior force judge advocate.

33-10-202. Adjutant General action--Promulgation of rules.

33-10-203. Action by adjutant general.

33-10-204. Dismissal when rehearing impracticable.

33-10-205. Action by the Governor.

33-10-206. Senior force judge advocate review of subject matter jurisdiction in case of finding of not guilty.

33-10-207. Action by adjutant general regarding subject matter jurisdiction.

33-10-208. Disposition of records.

33-10-209. Review by Supreme Court.

33-10-210. Appellate government counsel.

33-10-211. Right to counsel on appeal by state.

33-10-212. Right to counsel on appeal by accused.

33-10-213. Appointment of judge advocate to represent accused.

33-10-214. Representation by civilian appellate counsel.

33-10-215. Execution of sentence of dismissal or dishonorable or bad-conduct discharge when appeal not waived or withdrawn.

33-10-216. Execution of sentence when appeal waived or withdrawn.

33-10-217. Probation violation--Hearing--Representation by counsel.

33-10-218. Vacation of suspension--Execution of sentence.

33-10-219. Authority to vacate suspension.

33-10-220. Petition for new trial.

33-10-221. Remission and suspension.

33-10-222. Restoration--Promulgation of rules.

33-10-223. Substitution for dishonorable or bad-conduct discharge.

33-10-224. Reappointment of commissioned officer.

33-10-225. Finality of proceedings, findings, and sentences.

33-10-226. Leave required pending review of certain court-martial convictions.

33-10-227. Commitment of person incompetent to stand trial.

33-10-228. Action in accordance with statute applicable to persons incompetent to stand trial.

33-10-229. Notice of determination that accused is competent to stand trial.

33-10-230. Action by general court-martial convening authority or attorney general.

33-10-231. Custody of facility director.

33-10-232. References to court that ordered commitment.

33-10-233. Commitment of person found not guilty by reason of lack of mental responsibility.

33-10-234. Hearing on mental condition.

33-10-235. Report of hearing results.

33-10-236. Action when release would create substantial risk of injury or serious property damage.

33-10-237. Statute applicable to hospitalized person.

33-10-238. Application of statute comparable to 18 U.S.C. 4247(d).

33-10-239. Application of statute comparable to 18 U.S.C. § 4241 et seq.--Change of status.

33-10-240. Principal defined.

33-10-241. Accessory after the fact.

33-10-242. Included offense--Attempted offense.

33-10-243. Attempt defined.

33-10-244. Attempt to commit offense subject to punishment.

33-10-245. Conviction of attempt for consummated offense.

33-10-246. Conspiracy.

33-10-247. Solicitation to desert or mutiny.

33-10-248. Solicitation to commit misbehavior before the enemy or sedition.

33-10-249. Fraudulent enlistment, appointment, or separation.

33-10-250. Unlawful enlistment, appointment, or separation.

33-10-251. Desertion.

33-10-252. Desertion by commissioned officer.

33-10-253. Punishment for desertion.

33-10-254. Absence without leave.

33-10-255. Missing movement.

33-10-256. Contempt toward officials.

33-10-257. Disrespect toward superior commissioned officer.

33-10-258. Assaulting or willfully disobeying superior commissioned officer.

33-10-259. Insubordinate conduct toward warrant officer, noncommissioned officer, or petty officer.

33-10-260. Failure to obey order or regulation.

33-10-261. Cruelty and maltreatment.

33-10-262. Mutiny--Sedition--Failure to suppress or report.

33-10-263. Punishment for mutiny or sedition.

33-10-264. Resistance--Flight--Breach of arrest--Escape.

33-10-265. Releasing prisoner without proper authority.

33-10-266. Unlawful detention.

33-10-267. Noncompliance with procedural rules.

33-10-268. Misbehavior before the enemy.

33-10-269. Subordinate compelling surrender.

33-10-270. Improper use of countersign.

33-10-271. Captured or abandoned property--Securing and turning over.

33-10-272. Captured or abandoned property--Offenses.

33-10-273. Aiding the enemy.

33-10-274. Misconduct as prisoner.

33-10-275. False official statements.

33-10-276. Military property--Loss, damage, destruction, or wrongful disposition.

33-10-277. Property other than military property--Waste, spoilage, or destruction.

33-10-278. Willful hazarding of vessel.

33-10-279. Negligent hazarding of vessel.

33-10-280. Drunk on duty.

33-10-281. Wrongful use, possession, or distribution of controlled substances.

33-10-282. Controlled substances defined.

33-10-283. Misbehavior of sentinel.

33-10-284. Malingering.

33-10-285. Riot or breach of peace.

33-10-286. Provoking speeches or gestures.

33-10-287. Frauds against the government.

33-10-288. Conduct unbecoming an officer.

33-10-289. Disorder and neglect--Conduct discrediting state military forces.

33-10-290. Court of inquiry convened for investigation.

33-10-291. Members of court--Counsel.

33-10-292. Parties.

33-10-293. Challenge to court members.

33-10-294. Oaths.

33-10-295. Witnesses.

33-10-296. Findings--Opinions.

33-10-297. Record of proceedings.

33-10-298. Administration of oaths for purposes of military administration.

33-10-299. Administration of oaths necessary in performance of duties.

33-10-300. Prima facie evidence of authority to administer oath.

33-10-301. Complaint of wrong.

33-10-302. Delegation by Governor.

33-10-303. Payment of fees, costs, and expenses.

33-10-304. Military justice fund.

33-10-305. Payment of fines--Disposition.

33-10-306. Uniformity of interpretation.

33-10-307. Immunity for action of military courts.

33-10-308. Short title.