South Dakota Statutes
§ 22-5-5 — Voluntary intoxication--Crimes involving motive or intent.
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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South Dakota § 22-5-5 (Voluntary intoxication--Crimes involving motive or intent.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.
Related
State v. Huber
356 N.W.2d 468 (South Dakota Supreme Court, 1984)
State v. O'CONNOR
194 N.W.2d 246 (South Dakota Supreme Court, 1972)
State v. Bittner
359 N.W.2d 121 (South Dakota Supreme Court, 1984)
State v. Balint
426 N.W.2d 316 (South Dakota Supreme Court, 1988)
State v. Pickering
245 N.W.2d 634 (South Dakota Supreme Court, 1976)
Legislative History
SDC 1939, § 13.0504; SL 2005, ch 120, § 380.
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Repealed§ 22-1-5
Repealed§ 22-10-1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Repealed§ 22-10-12
Repealed§ 22-10-13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.