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South Dakota statute

SDCL § 22-16-41 — Vehicular homicide

Current through text effective June 30, 2026 (through the 2025 Regular Session)

Part of Chapter 16: Homicide And Suicide, South Dakota Codified Laws.

Criminal charges under this statute

Full text of SDCL § 22-16-41

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 § 22-16-41Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
Any person who, while under the influence of alcohol, drugs, or substances in a manner and to a degree prohibited by § 32-23-1, without design to effect death, operates or drives a vehicle of any kind in a negligent manner and thereby causes the death of another person, including an unborn child, is guilty of vehicular homicide. Vehicular homicide is a Class 3 felony. In addition to any other penalty prescribed by law, the court shall order that the driver's license of any person convicted of vehicular homicide be revoked for a period of not less than ten years from the date sentence is imposed or ten years from the date of initial release from imprisonment, whichever is later. In the event the person is returned to imprisonment prior to the completion of the period of driver's license revocation, time spent imprisoned does not count toward fulfilling the period of revocation.

Official sources

Legal terms used in this section

Questions this section answers

Is vehicular homicide a felony or a misdemeanor in South Dakota?

Vehicular homicide is a Class 3 Felony in South Dakota under SDCL § 22-16-41.

Which South Dakota statute covers vehicular homicide?

Vehicular homicide is governed by SDCL § 22-16-41 (Vehicular homicide).

This reference is informational and is not legal advice.