End Victimless Crime
No victim, no crime. Is a popular saying in circles that value freedom. What this amendment would do is exactly that. Require a victim for a crime to have been committed. If no one was damaged and is willing to press charges there can be no crime.
BE IT ENACTED BY THE PEOPLE OF SOUTH DAKOTA:
That Article VI of the Constitution of the State of South Dakota be amended by adding NEW
SECTIONS to read as follows:
§ 30. In order for a violation of the law to have been committed each of the following shall occur:
(1) A charge of a violation may only be filed by a individual victim whose person or property
have been physically damaged by the defendant. If the victim is incapable of filing a
charge of a violation, a family member may, but only if the victim does not object;
(2) The damages must be physical, quantifiable, and have already occured.
§ 31. Each known victim in any pending case on July 1, 2021, in the law enforcement, judicial, or
correctional systems shall be notified and the victim may file a charge of a violation. If no victim files a
charge of a violation, the case, sentence, or outstanding fine shall be dropped by October 1, 2021. If a
charge if filed, the charge shall be initially reviewed within 30 days to verify the person filing the charge
was a probable victim of a willful, direct, physical action of the defendant. No restitution shall be paid for
time or fines already paid by any person currently or previously incarcerated or paying fines even if a
charge of a violation is dropped pursuant to this section.
§ 32. No public funds of this state, or any political subdivision of this state, may be expended for
the implementation, regulation, or enforcement of any federal law, executive order, rule, or regulation
regulating any case that is in violation of this amendment. No personnel or property of this state, or any
political subdivision of this state, may be utilized for the implementation, regulation, or enforcement of any
federal law, executive order, rule, or regulation that is in violation of this amendment.
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