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South Dakota statute

SDCL § 23A-26-14 — Guilty but mentally ill verdict--Required findings

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-26-14

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.

SDCL § 23A-26-14Primary source, current through the text effective June 30, 2026 (through the 2025 Regular Session)
If the defendant raises the defense of "not guilty and not guilty by reason of insanity," he may be found "guilty but mentally ill" if the trier of fact finds all of the following beyond a reasonable doubt: (1) The defendant is guilty of an offense; and (2) The defendant was mentally ill when he committed the offense.

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This reference is informational and is not legal advice.