S.D. Codified Laws § 23A-26-14

Current with legislation signed by the governor on or before 3/6/2024

Section 23A-26-14 - Guilty but mentally ill verdict-Required findings

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.

SDCL 23A-26-14

SL 1983, ch 174, § 16; SL 1986, ch 25.