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Home » US Law » 2022 South Dakota Codified Laws » Title 23A - Criminal Procedure » Chapter 25 - Jury Instructions And Deliberations » Section 23A-25-13 – Guilty but mentally ill verdict–Forms furnished–Instructions.

23A-25-13. Guilty but mentally ill verdict–Forms furnished–Instructions.

If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of “guilty but mentally ill” for each offense. The court shall instruct the jury that a special verdict of “guilty but mentally ill” may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense.

Source: SL 1983, ch 174, §13; SL 1988, ch 191.