South Dakota Statutes
§ 22-16-5 — Premeditated design to effect the death defined.
South Dakota § 22-16-5
This text of South Dakota § 22-16-5 (Premeditated design to effect the death defined.) 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 § 22-16-5 (2026).
Text
The term, premeditated design to effect the death, means an intention, purpose, or determination to kill or take the life of the person killed, distinctly formed and existing in the mind of the perpetrator before committing the act resulting in the death of the person killed. A premeditated design to effect death sufficient to constitute murder may be formed instantly before committing the act.
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Related
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. Owens
2002 SD 42 (South Dakota Supreme Court, 2002)
State v. Kindvall
191 N.W.2d 289 (South Dakota Supreme Court, 1971)
State v. Wright
2009 SD 51 (South Dakota Supreme Court, 2009)
State v. Owen
2007 SD 21 (South Dakota Supreme Court, 2007)
State v. Bean
265 N.W.2d 886 (South Dakota Supreme Court, 1978)
State v. Vassar
279 N.W.2d 678 (South Dakota Supreme Court, 1979)
State v. Nelson
272 N.W.2d 817 (South Dakota Supreme Court, 1978)
State v. Berhanu
2006 SD 94 (South Dakota Supreme Court, 2006)
State v. Quinones Rodriguez
952 N.W.2d 244 (South Dakota Supreme Court, 2020)
Legislative History
SDC 1939, § 13.2008; SL 1978, ch 158, § 8; SL 2005, ch 120, § 155.
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Repealed§ 22-1-5
Repealed§ 22-10-1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Repealed§ 22-10-12
Repealed§ 22-10-13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 § 22-16-5, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/22-16-5.