South Dakota legal term
Physical incapacity in South Dakota Criminal Law
Current through 2026 South Dakota legislative session
In South Dakota criminal law, “Physical 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 “Physical incapacity” mean in South Dakota criminal law?
(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
This reference is informational and is not legal advice.