Section 22-16-12 – Classification of murder.
22-16-12. Classification of murder. Murder in the first degree is a Class A felony. Murder in the second degree is a Class B felony. Source: SDC 1939, §13.2012; SL 1939, ch 30; SL 1955, ch 28; SL 1976, ch 158, §16-2; SL 1978, ch 349, §9; SL 1980, ch 173, §12.
Section 22-16-15 – Homicide as manslaughter in first degree–Felony.
22-16-15. Homicide as manslaughter in first degree–Felony. Homicide is manslaughter in the first degree if perpetrated: (1)Without any design to effect death, including an unborn child, while engaged in the commission of any felony other than as provided in §22-16-4(2); (2)Without any design to effect death, including an unborn child, and in a heat of […]
Section 22-16-20 – Manslaughter in the second degree.
22-16-20. Manslaughter in the second degree. Any reckless killing of one human being, including an unborn child, by the act or procurement of another which, under the provisions of this chapter, is neither murder nor manslaughter in the first degree, nor excusable nor justifiable homicide, is manslaughter in the second degree. Manslaughter in the second […]
Section 22-16-20.1 – Lesser included offenses.
22-16-20.1. Lesser included offenses. Murder in the second degree is a lesser included offense of murder in the first degree. Manslaughter in the first degree is a lesser included offense of murder in the first degree and murder in the second degree. Manslaughter in the second degree is a lesser included offense of murder in […]
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.