South Dakota legal term
Mental incapacity in South Dakota Criminal Law
Current through 2026 South Dakota legislative session
In South Dakota criminal law, “Mental incapacity” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the South Dakota criminal code.
What does “Mental incapacity” mean in South Dakota criminal law?
(3) "Mental incapacity," a mental or developmental disease or disability that renders a person incapable of appraising the nature of the person's conduct; and (4) "Physical incapacity," a person's incapability of resisting because the person is unconscious, asleep, or is subject to another physical condition that prevents the person from giving consent or resisting. (SDCL § 22-22-1.5)
Statutes defining or using this term
Charges using this term
Related terms in the same statutes
This reference is informational and is not legal advice.