South Dakota § 26-11-3.1 - Request for transfer hearing by delinquent child charged with felony.
Full text of South Dakota South Dakota Codified Laws § 26-11-3.1 — Request for transfer hearing by delinquent child charged with felony., with citation guidance and answers to common questions.
§ 26-11-3.1. Request for transfer hearing by delinquent child charged with felony.
Any delinquent child sixteen years of age or older against whom Class A, Class B, Class C, Class 1, or Class 2 felony charges have been filed shall be tried in circuit court as an adult. However, the child may request a transfer hearing which shall be conducted pursuant to § 26-11-4 to determine if it is in the best interest of the public that the child be tried in circuit court as an adult. In such a transfer hearing, there is a rebuttable presumption that it is in the best interest of the public that any child, sixteen years of age or older, who is charged with a Class A, Class B, Class C, Class 1, or Class 2 felony, shall be tried as an adult.
Source: SL 1997, ch 163, § 1; SL 2006, ch 117, § 5.
Source: official South Dakota text · Last verified 2026-08-27
Frequently Asked Questions About South Dakota § 26-11-3.1
What does South Dakota Codified Laws § 26-11-3.1 cover?
Section 26-11-3.1 ("Request for transfer hearing by delinquent child charged with felony.") is part of the South Dakota Codified Laws, the codified statutory law of South Dakota. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Dakota § 26-11-3.1?
A common citation format is "South Dakota Codified Laws § 26-11-3.1" (South Dakota). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Dakota law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Dakota official source linked on this page or consult a licensed South Dakota attorney.
How does South Dakota § 26-11-3.1 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Dakota can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Dakota.