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 22-16-5 – Premeditated design to effect the death defined.
22-16-5. Premeditated design to effect the death defined. The term, premeditated design to effect the death, means an intention, purpose, or determination to kill or take the life of the person killed, distinctly formed and existing in the mind of the perpetrator before committing the act resulting in the death of the person killed. A […]
Section 22-16-6 – Anger or voluntary intoxication not reducing degree of crime.
22-16-6. Anger or voluntary intoxication not reducing degree of crime. Homicide committed with a design to effect death is not the less murder because the perpetrator was in a state of anger or voluntary intoxication at the time. Source: SDC 1939, §13.2009.
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 […]