The
SD Supreme Court handed down one decision this morning, holding inter alia:
- Intentional property damage conviction
reversed
STATE
v. VANDYKE, 2023 S.D. 9: New wife and former wife had an unpleasant encounter
in process of transferring minor children from one to the other. Former wife (mother of children) pounded her
fist on windshield of new wife’s car, causing damage. State filed charge of intentional property
damage. Trial was to the Court, without
jury. Trial judge found former wife guilty.
The SD Supreme Court reversed and remanded, stating:
[¶26.] Intentional damage to
property, as described in SDCL 22-34-1, requires the State to prove that the
defendant acted with the specific intent to cause damage to the affected
property. It is not a strict liability offense for which a defendant who caused
damage is necessarily guilty, and all appearances suggest that the circuit
court erroneously accepted the State’s argument that it was. This error likely
affected the outcome of this case by compelling a conviction solely as a
consequence of the damage [former wife] caused. We reverse her conviction and
remand the case for a new trial.
The
Court’s ruling is unanimous, with opinion authored by Justice Salter.
This
decision may be accessed at
http://ujs.sd.gov/Supreme_Court/opinions.aspx .
