Section 23A-22-15 - Evidence of victim's prior sexual conduct in sex offense prosecutions--Preliminary hearingto determine relevancy. - South-dakota Statutes

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23A-22-15. Evidence of victim's prior sexual conduct in sex offense prosecutions--Preliminary hearing to determine relevancy. In prosecutions for a sex offense under chapter 22-22, evidence of specific instances of a victim's prior sexual conduct shall not be admitted nor reference made thereto before the jury or jury panel, except as provided in this section. Whenever a party proposes to offer evidence concerning a victim's prior sexual conduct, the court shall first conduct a hearing in the absence of the jury and the public to consider and rule upon the relevancy and materiality of the evidence. (SL 2010, ch 127, § 1 repealed this section. SL 2010, ch 127, § 3 provides: "The provisions of this Act are not effective unless, prior to the effective date of this Act [July 1, 2010], the Supreme Court adopts a new rule substantially equivalent to federal rule of evidence 412 and provides that the rule becomes effective upon the legislative repeal of §§ 23A-22-15 and 23A-22-15.1.")

Source: SL 1975, ch 169, § 3; SDCL Supp, § 23-44-16.1; SL 1978, ch 178, § 287; SL 1995, ch 129.

State Codes and Statutes

Statutes > South-dakota > Title-23a > Chapter-22 > Statute-23a-22-15

23A-22-15. Evidence of victim's prior sexual conduct in sex offense prosecutions--Preliminary hearing to determine relevancy. In prosecutions for a sex offense under chapter 22-22, evidence of specific instances of a victim's prior sexual conduct shall not be admitted nor reference made thereto before the jury or jury panel, except as provided in this section. Whenever a party proposes to offer evidence concerning a victim's prior sexual conduct, the court shall first conduct a hearing in the absence of the jury and the public to consider and rule upon the relevancy and materiality of the evidence. (SL 2010, ch 127, § 1 repealed this section. SL 2010, ch 127, § 3 provides: "The provisions of this Act are not effective unless, prior to the effective date of this Act [July 1, 2010], the Supreme Court adopts a new rule substantially equivalent to federal rule of evidence 412 and provides that the rule becomes effective upon the legislative repeal of §§ 23A-22-15 and 23A-22-15.1.")

Source: SL 1975, ch 169, § 3; SDCL Supp, § 23-44-16.1; SL 1978, ch 178, § 287; SL 1995, ch 129.

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State Codes and Statutes

Statutes > South-dakota > Title-23a > Chapter-22 > Statute-23a-22-15

23A-22-15. Evidence of victim's prior sexual conduct in sex offense prosecutions--Preliminary hearing to determine relevancy. In prosecutions for a sex offense under chapter 22-22, evidence of specific instances of a victim's prior sexual conduct shall not be admitted nor reference made thereto before the jury or jury panel, except as provided in this section. Whenever a party proposes to offer evidence concerning a victim's prior sexual conduct, the court shall first conduct a hearing in the absence of the jury and the public to consider and rule upon the relevancy and materiality of the evidence. (SL 2010, ch 127, § 1 repealed this section. SL 2010, ch 127, § 3 provides: "The provisions of this Act are not effective unless, prior to the effective date of this Act [July 1, 2010], the Supreme Court adopts a new rule substantially equivalent to federal rule of evidence 412 and provides that the rule becomes effective upon the legislative repeal of §§ 23A-22-15 and 23A-22-15.1.")

Source: SL 1975, ch 169, § 3; SDCL Supp, § 23-44-16.1; SL 1978, ch 178, § 287; SL 1995, ch 129.