S.D. Codified Laws § 22-5-10

Insanity as affirmative defense--Burden of proof

Last amended: 1985Year: 2025Length: 45 wordsOfficial source
Insanity is an affirmative defense to a prosecution for any criminal offense. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence. Source: SL 1985, ch 192, § 11.
S.D. Codified Laws § 22-5-10: Insanity as affirmative defense--Burden of proof | Justis AI