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 […]
Section 22-16-7 – Homicide as murder in the second degree.
22-16-7. Homicide as murder in the second degree. Homicide is murder in the second degree if perpetrated by any act imminently dangerous to others and evincing a depraved mind, without regard for human life, although without any premeditated design to effect the death of any particular person, including an unborn child. Source: SDC 1939, §13.2007 […]
Section 22-16-8 – Lack of intent to injure not reducing degree of crime.
22-16-8. Lack of intent to injure not reducing degree of crime. Homicide perpetrated by an act imminently dangerous to others and evincing a depraved mind, without regard for human life, is not the less murder because there was no actual intent to injure others. Source: SDC 1939, §13.2007 (4); SL 2005, ch 120, §157.
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 […]