There is a newer version of the South Dakota Codified Laws
2006 South Dakota Code - 22-24A-15 — Person convicted forfeits certain property interests--Distribution of seized assets.
22-24A-15. Person convicted forfeits certain property interests--Distribution of seized assets. Any person who is convicted of an offense under §§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3, inclusive, shall forfeit to the state the person's interest in the following and no property right exists in them:
(1) Any photograph, film, videotape, book,
digital media or visual depiction that has been manufactured,
distributed, purchased, possessed, acquired, or received in
violation of §§ 22-19A-1, 22-24A-1 to 22-24A-20,
inclusive, 22-24B-1, 23A-27-14.1, and 43-43B-1 to 43-43B-3,
inclusive;
(2) Any material, product, and equipment
of any kind that is used or intended for use in manufacturing,
processing, publishing, selling, possessing, or distributing any
visual depiction proscribed by §§ 22-19A-1, 22-24A-1
to 22-24A-20, inclusive, 22-24B-1, 23A- 27-14.1, and 43-43B-1 to
43-43B-3, inclusive;
(3) Any property that is used, or intended
for use, as a container for property described in subdivisions (1)
and (2) of this section, including any computers and digital
media;
(4) Any conveyances including aircraft,
vehicles, or vessels, that transport, possess, or conceal, or that
is used, or intended for use, to transport, or in any manner
facilitate the transportation, sale, receipt, possession or
concealment of any visual depiction proscribed under
§§ 22-19A-1, 22-24A-1 to 22-24A-20, inclusive,
22-24B-1, 23A-27-14.1, and 43- 43B-1 to 43-43B-3,
inclusive;
(5) Any book, record, and research,
including microfilm, tape, and data that is used, or intended for
use, in violation of §§ 22-19A-1, 22-24A-1 to
22-24A-20, inclusive, 22-24B- 1, 23A-27-14.1, and 43-43B-1 to
43-43B-3, inclusive;
(6) Any funds or other things of value
used for the purposes of unlawfully purchasing, attempting to
purchase, distributing, or attempting to acquire or distribute any
visual depiction proscribed by §§ 22-19A-1, 22-24A-1
to 22-24A-20, inclusive, 22-24B-1, 23A- 27-14.1, and 43-43B-1 to
43-43B-3, inclusive;
(7) Any asset, interest, profit, income,
and proceed acquired or derived from the unlawful sale or purchase,
attempted sale or purchase, distribution, or attempted distribution
of any visual depiction proscribed by §§ 22-19A-1,
22-24A-1 to 22-24A-20, inclusive, 22-24B-1, 23A-27-14.1, and
43-43B-1 to 43-43B-3, inclusive.
Any property
described in subdivision (1) of this section shall be deemed
contraband and shall be summarily forfeited to the state. Any other
property seized and forfeited shall be used to reimburse the actual
costs of the criminal investigation and prosecution. Any amount
over and above the amount necessary to reimburse for the
investigation and prosecution shall be used to satisfy any civil
judgments. The attorney general shall promulgate rules, pursuant to
chapter 1-26, to implement the distribution of seized and forfeited
assets.
Source: SL 2002, ch 109, § 22; SDCL, § 22-22-24.15; SL 2005, ch 120, §§ 407, 412.
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