SDCL § 22-5-10: Insanity as affirmative defense--Burden of proof.
Where this section sits in the code
- TITLE 22. CRIMES
- CHAPTER 22-5. DEFENSES
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.
Collected 2026-09-03T15:18:56Z. Source file · JSON