Victims' Services Referral - Eligibility


You may file a claim for compensation from the South Dakota Crime Victims’ Compensation Program if you or a family member has suffered personal injury as a result of:

Crimes NOT eligible for compensation: Except for first-degree burglary, property crimes including second-and third-degree burglary, theft, or arson; Instances in which the individual had a property loss but did not suffer a personal injury; Accidental discharge of a firearm or other weapon; Obscene telephone calls; Cost and fees incurred by the victim or claimant in connection with a civil action; Motor vehicle accidents unless the offender's conduct  constituted driving under the influence, vehicular battery, vehicular homicide, or reckless driving.

The crime must have occurred on or after July 1, 1992.

The crime must be reported to law enforcement within five days of its occurrence or when a report could reasonably have been made.

The claim for compensation must be filed within one year of the crime unless good cause is shown for the delay in filing.

The victim and claimant must reasonably cooperate in the investigation and prosecution of the incident.

Compensation cannot be paid to a claimant if it would unjustly beneath the offender or an accomplice. The victim cannot contribute to the crime or the injury nor have committed a crime at the time of the incident. Claims may   be denied based upon contribution/conduct.