South Dakota § 23A-26-12.3 Burden of proof.

South Dakota Statutes

§ 23A-26-12.3 — Burden of proof.

South Dakota § 23A-26-12.3

Title 23ACRIMINAL PROCEDURE

Ch. 23A-26(RULE 31) VERDICT

This text of South Dakota § 23A-26-12.3 (Burden of proof.) 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-26-12.3 (2026).

Text

In a hearing pursuant to § 23A-26-12.2 , a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental illness or defect. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence.

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In a hearing pursuant to § 23A-26-12.2 , a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental illness or defect. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence.