Title 22 — CRIMES

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;…

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 injur…

Murder in the first degree is a Class A felony. Murder in the second degree is a Class B felony. Source: SDC 1939, § 13.2012; SL 1939, ch 30 ; SL 1955, ch 28 ; SL 1976, ch 158 , § 16-2 ; SL 1978, ch 349 , § 9; SL 1980, ch 173 , § 12. 22-16-13, 22-16-14. Repealed by SL 1976, ch 15…

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,…

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 …

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 degr…

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 m…

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 off…

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 and…

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.

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 crue…

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 of some legal process, or to …

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…

Source: SDC 1939, § 13.2003 (1); SL 2005, ch 120 , § 165; SL 2021, ch 93 , § 14.

Source: SDC 1939, § 13.2003 (2); SL 2005, ch 120 , § 166; SL 2021, ch 93 , § 15.

Suicide is the intentional taking of one's own life. Source: SDC 1939, § 13.1901; SL 1968, ch 31 , § 1.

22-16-40 Duty of law officers to report suicide attempts. 22-16-41 Vehicular homicide. 22-16-42

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.

Homicide is murder in the first degree : (1) If perpetrated without authority of law and with a premeditated design to effect the death of the person killed or of any other human being, including an unborn child; or (2) If committed by a person engaged in the perpetration of, or …

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.

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, includin…

July 1, 2006. 22-16-43 Watercraft homicide--Penalty.

Any person who, while under the influence of alcohol, drugs, or substances, in a manner and to a degree prohibited by § 42-8-45 , without design to effect death, operates a boat, as defined by § 42-8-2 , in a negligent manner and thereby causes the death of another person, includ…

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 p…

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.

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: …

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. 22-16-9. Repealed by SL…

July 1, 2006. 22-16-10 22-16-10 , 22-16-11. Repealed by SL 1976, ch 158 , § 16-9 22-16-12 Classification of murder. 22-16-13 22-16-13 , 22-16-14. Repealed by SL 1976, ch 158 , § 16-9 22-16-15 Homicide as manslaughter in first degree--Felony. 22-16-16 22-16-16 to 22-16-19. Repeale…