Persons capable of committing crimes--Exceptions

Any person is capable of committing a crime, except those included in the following classes: (1) Any child under the age of ten years; (2) Any child of the age of ten years , but under the age of fourteen years, in the absence of proof that at the time of the committing the act or neglect charged, the child knew its wrongfulness; (3) Any person who committed the act or made the omission charged under ignorance or mistake of fact which disproves any criminal intent. However, ignorance of the law does not excuse a person from punishment for its violation; (4) Any person who committed the act charged without being conscious thereof; or (5) Any person who committed the act or made the omission charged while under involuntary subjection to the power of superiors. Source: SDC 1939, § 13.0201; SL 1968, ch 28, §§ 1, 2; SL 1976, ch 158, §§ 3-1 , 3-5 ; SL 1983, ch 174, § 3; SL 1985, ch 192, § 10; SL 2005, ch 120, § 370.