South Dakota statute
SDCL § 22-5-5 — Voluntary intoxication--Crimes involving motive or intent
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 § 22-5-5
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.
No act committed by a person while in a state of voluntary intoxication may be deemed less criminal by reason of such condition. But if the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time in determining the purpose, motive, or intent with which the accused committed the act.
Official sources
Legal terms used in this section
This reference is informational and is not legal advice.