Section 22-16-20.2 – Lesser included offense instruction.
22-16-20.2. Lesser included offense instruction. A lesser included offense instruction shall be given at any homicide trial whenever any facts are submitted to the trier of fact which would support such an offense pursuant to this chapter. The state and the defendant each have the separate right to request a lesser included offense instruction. The […]
Section 22-16-30 – Excusable homicide–Lawful acts.
22-16-30. Excusable homicide–Lawful acts. Homicide is excusable if committed by accident and misfortune in doing any lawful act, with usual and ordinary caution. Source: SDC 1939, §13.2002 (1); SL 1976, ch 158, §16-5; SL 2005, ch 120, §161.
Section 22-16-31 – Excusable homicide–Heat of passion–Provocation–Sudden combat–Limitations.
22-16-31. Excusable homicide–Heat of passion–Provocation–Sudden combat–Limitations. Homicide is excusable if committed by accident and misfortune in the heat of passion, upon sudden and sufficient provocation, or upon a sudden combat. However, to be excusable, no undue advantage may be taken nor any dangerous weapon used and the killing may not be done in a cruel […]
Section 22-16-32 – Justifiable homicide-Law enforcement officers or at command of officer–Overcoming resistance–Capturing or arresting fleeing felons.
22-16-32. Justifiable homicide-Law enforcement officers or at command of officer–Overcoming resistance–Capturing or arresting fleeing felons. Homicide is justifiable if committed by a law enforcement officer or by any person acting by command of a law enforcement officer in the aid and assistance of that officer: (1)If necessarily committed in overcoming actual resistance to the execution […]
Section 22-16-33 – Justifiable homicide–Apprehending felon–Suppressing riot–Preserving peace.
22-16-33. Justifiable homicide–Apprehending felon–Suppressing riot–Preserving peace. Homicide is justifiable if necessarily committed in attempting by lawful ways and means to apprehend any person for any felony committed, or in lawfully suppressing any riot, or in lawfully keeping and preserving the peace. Source: SDC 1939, §13.2003 (3); SL 2005, ch 120, §164.
Section 22-16-36 – Suicide defined.
22-16-36. Suicide defined. Suicide is the intentional taking of one’s own life. Source: SDC 1939, §13.1901; SL 1968, ch 31, §1.
Section 22-16-37 – Aiding and abetting suicide–Felony.
22-16-37. Aiding and abetting suicide–Felony. Any person who intentionally in any manner advises, encourages, abets, or assists another person in taking or in attempting to take his or her own life is guilty of a Class 6 felony. Source: SDC 1939, §§13.1902, 13.1903; SDCL, §22-16-38; SL 1968, ch 31, §1; SL 1976, ch 158, §16-7; […]
Section 22-16-39 – Incapability of suicide no defense.
22-16-39. Incapability of suicide no defense. It is no defense to a prosecution for aiding suicide that the person who committed or attempted to commit suicide was not a person deemed capable of committing crime. Source: SDC 1939, §13.1903 as enacted by SL 1968, ch 31, §1.
Section 22-16-40 – Duty of law officers to report suicide attempts.
22-16-40. Duty of law officers to report suicide attempts. Any law enforcement officer who has knowledge that any party has attempted to take his or her own life shall immediately notify the state’s attorney. Source: SL 1968, ch 31, §2; SL 1976, ch 158, §16-8; SL 2005, ch 120, §171.
Section 22-16-41 – Vehicular homicide.
22-16-41. Vehicular homicide. Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by §32-23-1, without design to effect death, operates or drives a vehicle of any kind in a negligent manner and thereby causes the death of another person, including an unborn child, is […]