Home/South Dakota/Statutes/Title 23A: CRIMINAL PROCEDURE/Ch. 23A-26: CAPITAL PUNISHMENT/§ 23A-27A-1
South Dakota Statutes

§ 23A-27A-1 — Mitigating and aggravating circumstances considered by judge or jury.

South Dakota § 23A-27A-1
JurisdictionSouth Dakota
Title 23ACRIMINAL PROCEDURE
Ch. 23A-26CAPITAL PUNISHMENT

This text of South Dakota § 23A-27A-1 (Mitigating and aggravating circumstances considered by judge or jury.) 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-27A-1 (2026).

Text

Pursuant to §§ 23A-27A-2 to 23A-27A-6 , inclusive, in all cases for which the death penalty may be authorized, the judge shall consider, or shall include in instructions to the jury for it to consider, any mitigating circumstances and any of the following aggravating circumstances which may be supported by the evidence:

(1)(2) (3) (4) (5) (6) (7) (8) (9) (10)

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Related

State v. Moeller
1996 SD 60 (South Dakota Supreme Court, 1996)
82 case citations
Moeller v. Weber
2004 SD 110 (South Dakota Supreme Court, 2004)
34 case citations
Rhines v. Weber
408 F. Supp. 2d 844 (D. South Dakota, 2005)
18 case citations
State v. Berget
2013 S.D. 1 (South Dakota Supreme Court, 2013)
13 case citations
State v. Clothier
381 N.W.2d 253 (South Dakota Supreme Court, 1986)
12 case citations
Piper v. Young
2019 S.D. 65 (South Dakota Supreme Court, 2019)
11 case citations
State v. Hart
1998 SD 93 (South Dakota Supreme Court, 1998)
11 case citations
Moeller v. Weber
635 F. Supp. 2d 1036 (D. South Dakota, 2009)
2 case citations

Legislative History

SL 1979, ch 160, § 7; SL 1981, ch 186, § 3; SL 1989, ch 206; SL 1992, ch 173, § 2; SL 1994, ch 178, § 1; SL 1995, ch 132.

Nearby Sections

15
§ 23A-1-1
(Rule 1) Proceedings governed by title.
§ 23A-1-2
(Rule 2) Purposes of title--Construction.
§ 23A-10-2
Form of plea raising defense.
§ 23A-10-3
(Rule 12.2(b)) Notice to prosecutor of intention to use expert testimony relating to mental condition--Additional time allowed.
§ 23A-10-4
(Rule 12.2(c)) Order to defendant to submit to psychiatric examination--Court appointment of experts--Statements by accused privileged.
§ 23A-10-5
(Rule 12.2(d)) Exclusion of testimony on failure to give notice or submit to examination.
§ 23A-10-6
Mistrial when defense raised without pleading--Subsequent trial.
§ 23A-10-7
Independent psychiatric examination--Court approval--Notice--Cost.
§ 23A-10A-1
Definition of mental incompetency.
§ 23A-10A-10
Expense of maintenance of defendant committed.
§ 23A-10A-13
Approved facility defined.
§ 23A-10A-13.1
Restoration to competency program defined.
§ 23A-10A-14
Facility's report--Length of commitment determined--Review after one year--Dismissal on court finding.
§ 23A-10A-15
Length of detention for Class A, B, or C felony.
§ 23A-10A-16
Time in approved facility credited to term of imprisonment.
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Bluebook (online)
South Dakota § 23A-27A-1, Counsel Stack Legal Research, https://law.counselstack.com/statute/sd/23A-27A-1.