Title 22 — CRIMES
62 chapters · 771 sections in this title.
SDCL § 22-5-1 Conduct forced or under threat of force
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No person may be convicted of a crime based upon conduct in which that person engaged because of the use or threatened use of unlawful force upon himself, herself, or another person, which force or threatened use of force a reasonable person in that situation would have been lawf…
SDCL § 22-5-10 Insanity as affirmative defense--Burden of proof
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Insanity is an affirmative defense to a prosecution for any criminal offense. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence. Source: SL 1985, ch 192 , § 11.
SDCL § 22-5-5 Voluntary intoxication--Crimes involving motive or intent
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No act committed by a person while in a state of voluntary intoxication may be deemed less criminal by reason of such condition. But if the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime…
SDCL § 22-5-6 Repealed by SL 1976, ch 158 , § 5-2 22-5-7 Morbid propensity to commit crime
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22-5-8
SDCL § 22-5-7 Morbid propensity to commit crime
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A morbid propensity to commit prohibited acts existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of such acts forms no defense to a prosecution therefor. Source: SDC 1939, § 13.0505; repealed SL 1976, ch 158 , § 5-2 ; re - enacted…
SDCL § 22-5-8 SDCL 22-5-8
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Repealed by SL 1978, ch 178 , § 577 22-5-9 Repealed 22-5-10 Insanity as affirmative defense--Burden of proof.
SDCL § 22-5-9 Repealed
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Source: SDC 1939 & Supp 1960, § 34.0101; SDCL, § 23-13-3 ; SL 1978, ch 185 , § 4; SL 2005, ch 120 , § 382; SL 2006, ch 116 , § 1; SL 2021, ch 93 , § 13.