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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 19-19-410: Pleas, plea discussions, and related statements.

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Where this section sits in the code
  1. TITLE 19. EVIDENCE
  2. CHAPTER 19-19. SOUTH DAKOTA RULES OF EVIDENCE

(a) Prohibited uses. In a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions:

(1) A guilty plea that was later withdrawn;

(2) A nolo contendere plea;

(3) A statement made during a proceeding on either of those pleas under §§ 23A-7-2 to 23A-7-15, inclusive; or

(4) A statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.

(b) Exceptions. The court may admit a statement described in this section in a criminal proceeding for perjury or false statement, if the defendant made the statement under oath, on the record, and with counsel present.

Collected 2026-09-03T15:18:56Z. Source file · JSON

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