South Dakota statute
SDCL § 23A-26-12.3 — Burden of proof
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 26: (Rule 31) Verdict, South Dakota Codified Laws.
Full text of SDCL § 23A-26-12.3
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.
In a hearing pursuant to § 23A-26-12.2, a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental illness or defect. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence.
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