South Dakota statute
SDCL § 23A-25-13 — Guilty but mentally ill verdict--Forms furnished--Instructions
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 25: Jury Instructions And Deliberations, South Dakota Codified Laws.
Full text of SDCL § 23A-25-13
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.
If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of "guilty but mentally ill" for each offense. The court shall instruct the jury that a special verdict of "guilty but mentally ill" may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense.
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