South Dakota Statutes
§ 22-16-15 — Homicide as manslaughter in first degree--Felony.
South Dakota § 22-16-15
This text of South Dakota § 22-16-15 (Homicide as manslaughter in first degree--Felony.) is published on Counsel Stack Legal Research, covering South Dakota primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
S.D. Codified Laws § 22-16-15 (2026).
Text
Homicide is manslaughter in the first degree if perpetrated:
(1)Without any design to effect death, including an unborn child, while engaged in the commission of any felony other than as provided in § 22-16-4(2);
(2)Without any design to effect death, including an unborn child, and in a heat of passion, but in a cruel and unusual manner;
(3)Without any design to effect death, including an unborn child, but by means of a dangerous weapon;
(4)Unnecessarily, either while resisting an attempt by the person killed to commit a crime or after such attempt has failed. Manslaughter in the first degree is a Class C felony.
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Related
State v. Jenner
451 N.W.2d 710 (South Dakota Supreme Court, 1990)
State v. Knecht
1997 SD 53 (South Dakota Supreme Court, 1997)
State v. Burtzlaff
493 N.W.2d 1 (South Dakota Supreme Court, 1992)
State v. Brings Plenty
459 N.W.2d 390 (South Dakota Supreme Court, 1990)
Graham v. State
328 N.W.2d 254 (South Dakota Supreme Court, 1982)
State v. Cottier
2008 SD 79 (South Dakota Supreme Court, 2008)
State v. Gregg
405 N.W.2d 49 (South Dakota Supreme Court, 1987)
State v. Birdshead
2015 SD 77 (South Dakota Supreme Court, 2015)
State v. Kvasnicka
2013 S.D. 25 (South Dakota Supreme Court, 2013)
State v. Arguello
502 N.W.2d 548 (South Dakota Supreme Court, 1993)
State v. Bailey
1996 SD 45 (South Dakota Supreme Court, 1996)
Lufkins v. Solem
554 F. Supp. 988 (D. South Dakota, 1983)
State v. Clothier
381 N.W.2d 253 (South Dakota Supreme Court, 1986)
State v. Goulding
2011 S.D. 25 (South Dakota Supreme Court, 2011)
State v. Hart
1998 SD 93 (South Dakota Supreme Court, 1998)
Boehrns v. South Dakota Board of Pardons & Paroles
2005 SD 49 (South Dakota Supreme Court, 2005)
Satter v. Class
976 F. Supp. 879 (D. South Dakota, 1997)
State v. Banks
994 N.W.2d 230 (South Dakota Supreme Court, 2023)
Ladenburger v. State of South Dakota
(D. South Dakota, 2024)
Martinez v. Warden of South Dakota State Penitentiary
(D. South Dakota, 2023)
Legislative History
SDC 1939, §§ 13.2013, 13.2015; SDCL, §§
Nearby Sections
15
§ 22-1-2
Definitions.§ 22-1-3
Repealed§ 22-1-5
Repealed§ 22-10-1
Riot--Violation as felony.§ 22-10-10
Repealed§ 22-10-12
Repealed§ 22-10-13
§ 22-10-13§ 22-10-17
Incitement to riot--Violation as felony.Cite This Page — Counsel Stack
Bluebook (online)
South Dakota § 22-16-15, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/22-16-15.