Armed felony to be charged separately from principal felony charge--No offense charged when dangerous weapon an element of principal felony

SDCL § 22-14-14 — under UNLAWFUL USE OF WEAPONS.

SDCL § 22-14-14

A violation of § 22-14-12 shall be charged in the indictment or information as a separate count in addition to the principal felony or attempted felony alleged to have been committed. No offense may be charged under those sections if the use of a dangerous weapon is a necessary element of the principal felony alleged to have been committed or attempted. Source: SL 1976, ch 158 , § 14-8; SL 2005, ch 120 , § 254.