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South Dakota statute

SDCL § 22-16-31 — Excusable homicide--Heat of passion--Provocation--Sudden combat--Limitations

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 § 22-16-31

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.

SDCL § 22-16-31Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Homicide is excusable if committed by accident and misfortune in the heat of passion, upon sudden and sufficient provocation, or upon a sudden combat. However, to be excusable, no undue advantage may be taken nor any dangerous weapon used and the killing may not be done in a cruel or unusual manner.

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This reference is informational and is not legal advice.