South Dakota statute
SDCL § 22-3-1 — Persons capable of committing crimes--Exceptions
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 3: Parties To Crimes, South Dakota Codified Laws.
Full text of SDCL § 22-3-1
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.
Any person is capable of committing a crime, except those included in the following classes:
(1) Any child under the age of ten years;
(2) Any child of the age of ten years , but under the age of fourteen years, in the absence of proof that at the time of the committing the act or neglect charged, the child knew its wrongfulness;
(3) Any person who committed the act or made the omission charged under ignorance or mistake of fact which disproves any criminal intent. However, ignorance of the law does not excuse a person from punishment for its violation;
(4) Any person who committed the act charged without being conscious thereof; or
(5) Any person who committed the act or made the omission charged while under involuntary subjection to the power of superiors.
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