CHAPTER 22-5
DEFENSES
22-5-1 Conduct forced or under threat of force.
22-5-2 22-5-2 to 22-5-4. Repealed by SL 1976, ch 158, § 5-2
22-5-5 Voluntary intoxication--Crimes involving motive or intent.
22-5-6 22-5-6. Repealed by SL 1976, ch 158, § 5-2
22-5-7 Morbid propensity to commit crime.
22-5-8 22-5-8. Repealed by SL 1978, ch 178, § 577
22-5-9 Repealed
22-5-10 Insanity as affirmative defense--Burden of proof.
22-5-1. Conduct forced or under threat of force.
No person may be convicted of a crime based upon conduct in which that person engaged because of the use or threatened use of unlawful force upon himself, herself, or another person, which force or threatened use of force a reasonable person in that situation would have been lawfully unable to resist.
Source: SDC 1939, § 13.0501; SL 1976, ch 158, § 5-1; SL 1977, ch 189, § 14; SL 1978, ch 158, § 3; SL 2005, ch 120, § 379.
22-5-5. Voluntary intoxication--Crimes involving motive or intent.
No act committed by a person while in a state of voluntary intoxication may be deemed less criminal by reason of such condition. But if the actual existence of any particular purpose, motive, or intent is a necessary element to constitute any particular species or degree of crime, the jury may take into consideration the fact that the accused was intoxicated at the time in determining the purpose, motive, or intent with which the accused committed the act.
Source: SDC 1939, § 13.0504; SL 2005, ch 120, § 380.
22-5-7. Morbid propensity to commit crime.
A morbid propensity to commit prohibited acts existing in the mind of a person who is not shown to have been incapable of knowing the wrongfulness of such acts forms no defense to a prosecution therefor.
Source: SDC 1939, § 13.0505; repealed SL 1976, ch 158, § 5-2; re-enacted SL 1977, ch 189, § 15.
22-5-9. Repealed.
Source: SDC 1939 & Supp 1960, § 34.0101; SDCL, § 23-13-3; SL 1978, ch 185, § 4; SL 2005, ch 120, § 382; SL 2006, ch 116, § 1; SL 2021, ch 93, § 13.
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.
Source: SL 1985, ch 192, § 11.
