South Dakota Statutes
§ 22-5-10 — Insanity as affirmative defense--Burden of proof.
Insanity is an affirmative defense to a prosecution for any criminal offense. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
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South Dakota § 22-5-10 (Insanity as affirmative defense--Burden of proof.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Baker
440 N.W.2d 284 (South Dakota Supreme Court, 1989)
State v. Rough Surface
440 N.W.2d 746 (South Dakota Supreme Court, 1989)
Robinson v. Solem
432 N.W.2d 246 (South Dakota Supreme Court, 1988)
State v. Calin
2005 SD 13 (South Dakota Supreme Court, 2005)
United States v. Waldman
172 F. Supp. 2d 1222 (D. South Dakota, 2001)
Legislative History
SL 1985, ch 192, § 11.
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Repealed§ 22-1-5
Repealed§ 22-10-1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Repealed§ 22-10-12
Repealed§ 22-10-13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.