{"data":{"id":"us-sd/sdcl-23a-26-12.3","jurisdiction":"us-sd","citation":"SDCL § 23A-26-12.3","heading":"Burden of proof.","body":"In a hearing pursuant to § 23A-26-12.2, a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental illness or defect. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence.\nSource: SL 1985, ch 192, § 15.","path":["TITLE 23A. CRIMINAL PROCEDURE","CHAPTER 23A-26. (RULE 31) VERDICT"],"source_url":"https://sdlegislature.gov/Statutes/23A-26-12.3","current_through":"2026-08-31","vintage":"","retrieved_at":"2026-09-03T15:18:56Z","sha256":"f1b6552fa54f993e95582eb7346314ff73a2151b208c1d85f7fb9a2c43192526","source_id":"us-sd","stale":true,"prev":"us-sd/sdcl-23a-26-12.2","next":"us-sd/sdcl-23a-26-12.4"},"notice":"GroundRules: Original legal text. Not legal advice."}