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South Dakota · Through 2026-08-31 · Newer source version available

SDCL § 22-5-10: Insanity as affirmative defense--Burden of proof.

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Where this section sits in the code
  1. TITLE 22. CRIMES
  2. 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

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