Section 22-3-1 - Persons capable of committing crimes-ExceptionsAny 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.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.