South Dakota § 23A-25-13 Guilty but mentally ill verdict--Forms furnished--Instructions.

South Dakota Statutes

§ 23A-25-13 — Guilty but mentally ill verdict--Forms furnished--Instructions.

South Dakota § 23A-25-13

Title 23ACRIMINAL PROCEDURE

Ch. 23A-23JURY INSTRUCTIONS AND DELIBERATIONS

This text of South Dakota § 23A-25-13 (Guilty but mentally ill verdict--Forms furnished--Instructions.) 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 § 23A-25-13 (2026).

Text

If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of "guilty but mentally ill" for each offense. The court shall instruct the jury that a special verdict of "guilty but mentally ill" may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense.

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If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of "guilty but mentally ill" for each offense. The court shall instruct the jury that a special verdict of "guilty but mentally ill" may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense.