South Dakota Statutes
§ 22-16-4 — Homicide as murder in the first degree.
South Dakota § 22-16-4
This text of South Dakota § 22-16-4 (Homicide as murder in the first degree.) 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 § 22-16-4 (2026).
Text
Homicide is murder in the first degree :
(1)If perpetrated without authority of law and with a premeditated design to effect the death of the person killed or of any other human being, including an unborn child; or (2) If committed by a person engaged in the perpetration of, or attempt to perpetrate, any arson, rape, robbery, burglary, kidnapping, or unlawful throwing, placing, or discharging of a destructive device or explosive. Homicide is also murder in the first degree if committed by a person who perpetrated, or who attempted to perpetrate, any arson, rape, robbery, burglary, kidnapping or unlawful throwing, placing or discharging of a destructive device or explosive and who subsequently effects the death of any victim of such crime to prevent detection or prosecution of the cr
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Related
State v. Guthrie
2001 SD 61 (South Dakota Supreme Court, 2001)
State v. Iron Shell
336 N.W.2d 372 (South Dakota Supreme Court, 1983)
State v. Luna
378 N.W.2d 229 (South Dakota Supreme Court, 1985)
State v. Brings Plenty
459 N.W.2d 390 (South Dakota Supreme Court, 1990)
State v. Frazier
2001 SD 19 (South Dakota Supreme Court, 2001)
State v. Bittner
359 N.W.2d 121 (South Dakota Supreme Court, 1984)
State v. Cody
293 N.W.2d 440 (South Dakota Supreme Court, 1980)
State v. Lohnes
324 N.W.2d 409 (South Dakota Supreme Court, 1982)
People in Interest of LVA
248 N.W.2d 864 (South Dakota Supreme Court, 1976)
State v. Hoadley
2002 SD 109 (South Dakota Supreme Court, 2002)
State v. Aschmeller
209 N.W.2d 369 (South Dakota Supreme Court, 1973)
State v. Cottier
2008 SD 79 (South Dakota Supreme Court, 2008)
State v. Kindvall
191 N.W.2d 289 (South Dakota Supreme Court, 1971)
State v. Jensen
1998 SD 52 (South Dakota Supreme Court, 1998)
State v. Gregg
405 N.W.2d 49 (South Dakota Supreme Court, 1987)
State v. Bradley
431 N.W.2d 317 (South Dakota Supreme Court, 1988)
State v. Feuillerat
292 N.W.2d 326 (South Dakota Supreme Court, 1980)
State v. Bean
265 N.W.2d 886 (South Dakota Supreme Court, 1978)
State v. Kvasnicka
2013 S.D. 25 (South Dakota Supreme Court, 2013)
State v. Lewis
244 N.W.2d 307 (South Dakota Supreme Court, 1976)
Legislative History
SDC 1939, § 13.2007 (1); SL 1979, ch 160, § 2; SL 1980, ch 173, § 9; SL 1992, ch 161; SL 2005, ch 120, § 154.
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 § 22-16-4, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/22-16-4.