Limitation period on forgery or theft commences at time of discovery--Proof as to failure of discovery.

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23A-42-3. Limitation period on forgery or theft commences at time of discovery--Proof as to failure of discovery.

When the defendant is charged with forgery or theft, an action described in §23A-42-2 shall be commenced at any time within seven years after the discovery of the crime. The failure of discovery, if more than seven years has elapsed at the time of prosecution, shall in all cases be pleaded and proven in the same manner as other elements of the offense.

Source: SL 1927, ch 91; SDC 1939 & Supp 1960, §34.0703; SDCL, §23-8-4; SL 1978, ch 178, §502.


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