South Dakota § 22-5-5 Voluntary intoxication--Crimes involving motive or intent.

South Dakota Statutes

§ 22-5-5 — Voluntary intoxication--Crimes involving motive or intent.

South Dakota § 22-5-5

Title 22CRIMES

Ch. 22-4ADEFENSES

This text of South Dakota § 22-5-5 (Voluntary intoxication--Crimes involving motive or intent.) 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 § 22-5-5 (2026).

Text

No act committed by a person while in a state of voluntary intoxication may be deemed less criminal by reason of such condition. But if the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time in determining the purpose, motive, or intent with which  the accused committed the act.

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No act committed by a person while in a state of voluntary intoxication may be deemed less criminal by reason of such condition. But if the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time in determining the purpose, motive, or intent with which the accused committed the act.