(a) If a tort does not amount to a crime, the person injured may consent to a satisfaction and settlement thereof.
(b) (1) If a tort amounts to a crime, the person injured may agree upon and receive compensation for the personal injury.
(2) However, any attempt to satisfy the public offense or to suppress a prosecution therefor is illegal and will vitiate the entire agreement, except in those cases for which the law expressly allows such a settlement. Such an attempt to satisfy or to suppress prosecution of a public offense which amounts to a felony is itself an offense under this Code; and, even if executed, an agreement to this effect shall be no defense to an action for the tort. If the offense does not amount to a felony and the agreement is fully executed, such agreement shall constitute satisfaction for the private tort.
Section: 51-11-20 51-11-21 NextLast modified: October 14, 2016