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 22-16-1 – Homicide defined.
22-16-1. Homicide defined. Homicide is the killing of one human being, including an unborn child, by another. Homicide is either: (1)Murder; (2)Manslaughter; (3)Excusable homicide; (4)Justifiable homicide; or (5)Vehicular homicide. Source: SDC 1939, §13.2001; SL 1985, ch 176; SL 1995, ch 122, §10; SL 2005, ch 120, §150.
Section 22-16-1.1 – Fetal homicide–Felony–Application.
22-16-1.1. Fetal homicide–Felony–Application. Homicide is fetal homicide if the person knew, or reasonably should have known, that a woman bearing an unborn child was pregnant and caused the death of the unborn child without lawful justification and if the person: (1)Intended to cause the death of or do serious bodily injury to the pregnant woman […]
Section 22-16-2 – Corpus delicti–Proof beyond reasonable doubt.
22-16-2. Corpus delicti–Proof beyond reasonable doubt. No person may be convicted of murder or manslaughter, or of aiding suicide, unless the death of the person alleged to have been killed, and the fact of the killing by the accused are each established as independent facts beyond a reasonable doubt. Source: SDC 1939, §13.2006; SL 2005, […]
Section 22-16-3 – Relationship between accused and victim bearing on degree of homicide.
22-16-3. Relationship between accused and victim bearing on degree of homicide. If the degree of homicide is made to depend upon its having been committed under circumstances evidencing a depraved mind or unusual cruelty, or in a cruel manner, the jury may take into consideration any domestic or confidential relationship which existed between the accused […]