Title 22 — CRIMES
62 chapters · 771 sections in this title.
SDCL § 22-3-1 Persons capable of committing crimes--Exceptions
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Any person is capable of committing a crime, except those included in the following classes: (1) Any child under the age of ten years; (2) Any child of the age of ten years , but under the age of fourteen years, in the absence of proof that at the time of the committing the act o…
SDCL § 22-3-1.1 Voluntary consumption of alcohol or controlled substance not causing insanity
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No person who is under the influence of voluntarily consumed or injected alcohol or controlled substances at the time of committing the act charged is for that reason insane. Source: SL 1983, ch 174 , § 4; SL 2005, ch 120 , § 371. 22-3-2. Repealed by SL 1976, ch 158 , § 3-5
SDCL § 22-3-2 Repealed by SL 1976, ch 158 , § 3-5 22-3-3 Aiding, abetting or advising--Accountability as principal
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22-3-3.1 Distinction between accessory before the fact and principal abrogated. 22-3-4
SDCL § 22-3-3 Aiding, abetting or advising--Accountability as principal
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Any person who, with the intent to promote or facilitate the commission of a crime, aids, abets, or advises another person in planning or committing the crime, is legally accountable, as a principal to the crime. Source: SDC 1939, § 13.0203; SL 1976, ch 158 , § 3-2 ; SL 2005, ch …
SDCL § 22-3-3.1 Distinction between accessory before the fact and principal abrogated
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The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated. Any person connected with the commission of a felony, whether that person directly commits the act constituting the offen…
SDCL § 22-3-4 Repealed by SL 1976, ch 158 , § 3-5 22-3-5 Accessory to crime--Misdemeanor excepted--"Render assistance" defined--Penalty
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22-3-5.1 Accessory punishable though principal not tried or acquitted. 22-3-6 22-3-6 , 22-3-7. Repealed by SL 1976, ch 158 , § 3-5 22-3-8 Conspiracy to commit offense--Punishment. 22-3-9 Liability to punishment for act outside state aiding injury within state.
SDCL § 22-3-5 Accessory to crime--Misdemeanor excepted--"Render assistance" defined--Penalty
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A person is an accessory to a crime, if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a felony, that person renders assistance to the other person. There are no accessories…
SDCL § 22-3-5.1 Accessory punishable though principal not tried or acquitted
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An accessory to the commission of a felony may be prosecuted, tried, and punished, even if the principal is not prosecuted or tried, or even if the principal was acquitted. Source: SDC 1939 & Supp 1960, § 34.0505; SDCL, § 23-10-5; SL 1978, ch 185 , § 3; SL 2005, ch 120 , § 375. 2…
SDCL § 22-3-8 Conspiracy to commit offense--Punishment
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If two or more persons conspire, either to commit any offense against the State of South Dakota, or to defraud the State of South Dakota, or any county, township, school district, or municipal corporation in any manner or for any purpose, and one or more of the parties do any act…
SDCL § 22-3-9 Liability to punishment for act outside state aiding injury within state
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Any person who, while out of the state, causes, aids, advises, or encourages another person to injure any person or property in this state by means of any act or neglect which is a crime in this state, is liable to punishment under the laws of this state. Source: SDC 1939, § 13.0…