South Dakota statute
SDCL § 22-16-20.2 — Lesser included offense instruction
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 16: Homicide And Suicide, South Dakota Codified Laws.
Full text of SDCL § 22-16-20.2
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
A lesser included offense instruction shall be given at any homicide trial whenever any facts are submitted to the trier of fact which would support such an offense pursuant to this chapter. The state and the defendant each have the separate right to request a lesser included offense instruction. The failure to request a lesser included offense instruction constitutes a waiver of the right to such an instruction.
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