South Dakota Statutes
§ 22-3-1 — Persons capable of committing crimes--Exceptions.
South Dakota § 22-3-1
This text of South Dakota § 22-3-1 (Persons capable of committing crimes--Exceptions.) 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 § 22-3-1 (2026).
Text
Any person is capable of committing a crime, except those included in the following classes:
(1)Any child under the age of ten years;
(2)Any child of the age of ten years , but under the age of fourteen years, in the absence of proof that at the time of the committing the act or neglect charged, the child knew its wrongfulness;
(3)Any person who committed the act or made the omission charged under ignorance or mistake of fact which disproves any criminal intent. However, ignorance of the law does not excuse a person from punishment for its violation;
(4)Any person who committed the act charged without being conscious thereof; or (5) Any person who committed the act or made the omission charged while under involuntary subjection to the power of superiors.
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Related
State v. Jenner
451 N.W.2d 710 (South Dakota Supreme Court, 1990)
State v. Baker
440 N.W.2d 284 (South Dakota Supreme Court, 1989)
Miller v. State
338 N.W.2d 673 (South Dakota Supreme Court, 1983)
State v. Kiehn
199 N.W.2d 594 (South Dakota Supreme Court, 1972)
State v. Janklow
2005 SD 25 (South Dakota Supreme Court, 2005)
State v. Rough Surface
440 N.W.2d 746 (South Dakota Supreme Court, 1989)
State v. Weatherford
416 N.W.2d 47 (South Dakota Supreme Court, 1987)
State v. Kindvall
191 N.W.2d 289 (South Dakota Supreme Court, 1971)
Robinson v. Solem
432 N.W.2d 246 (South Dakota Supreme Court, 1988)
State v. Kingston
174 N.W.2d 636 (South Dakota Supreme Court, 1970)
Matter of Estate of Gibbs
490 N.W.2d 504 (South Dakota Supreme Court, 1992)
State v. Standing Soldier
299 N.W.2d 568 (South Dakota Supreme Court, 1980)
State v. Barr
237 N.W.2d 888 (South Dakota Supreme Court, 1976)
State v. Miller
248 N.W.2d 56 (South Dakota Supreme Court, 1976)
State v. Pickering
245 N.W.2d 634 (South Dakota Supreme Court, 1976)
People Ex Rel. J.L.
2011 S.D. 36 (South Dakota Supreme Court, 2011)
State v. Grooms
186 N.W.2d 889 (South Dakota Supreme Court, 1971)
State v. Ristau
290 N.W.2d 487 (South Dakota Supreme Court, 1980)
State v. Goff
195 N.W.2d 521 (South Dakota Supreme Court, 1972)
State v. Howell
354 N.W.2d 196 (South Dakota Supreme Court, 1984)
Legislative History
SDC 1939, § 13.0201; SL 1968, ch 28, §§ 1, 2; SL 1976, ch 158, §§
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 § 22-3-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/22-3-1.