South Dakota statute
SDCL § 22-5-10 — Insanity as affirmative defense--Burden of proof
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 5: Defenses, South Dakota Codified Laws.
Full text of SDCL § 22-5-10
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.
Insanity is an affirmative defense to a prosecution for any criminal offense. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
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