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 […]
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 22-16-1 – 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 […]