S.D. Codified Laws § 22-5-10

Current through the 2024 Legislative Session

Section 22-5-10 - Insanity as affirmative defense-Burden of proof

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.

SDCL 22-5-10

SL 1985, ch 192, § 11.