CHAPTER 22-3
PARTIES TO CRIMES
22-3-1 Persons capable of committing crimes--Exceptions.
22-3-1.1 Voluntary consumption of alcohol or controlled substance not causing insanity.
22-3-2 22-3-2. Repealed by SL 1976, ch 158, § 3-5
22-3-3 Aiding, abetting or advising--Accountability as principal.
22-3-3.1 Distinction between accessory before the fact and principal abrogated.
22-3-4 22-3-4. Repealed by SL 1976, ch 158, § 3-5
22-3-5 Accessory to crime--Misdemeanor excepted--"Render assistance" defined--Penalty.
22-3-5.1 Accessory punishable though principal not tried or acquitted.
22-3-6 22-3-6, 22-3-7. Repealed by SL 1976, ch 158, § 3-5
22-3-8 Conspiracy to commit offense--Punishment.
22-3-9 Liability to punishment for act outside state aiding injury within state.
22-3-1. Persons capable of committing crimes--Exceptions.
Any 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.
Source: 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.
22-3-1.1. Voluntary consumption of alcohol or controlled substance not causing insanity.
No person who is under the influence of voluntarily consumed or injected alcohol or controlled substances at the time of committing the act charged is for that reason insane.
Source: SL 1983, ch 174, § 4; SL 2005, ch 120, § 371.
22-3-3. Aiding, abetting or advising--Accountability as principal.
Any person who, with the intent to promote or facilitate the commission of a crime, aids, abets, or advises another person in planning or committing the crime, is legally accountable, as a principal to the crime.
Source: SDC 1939, § 13.0203; SL 1976, ch 158, § 3-2; SL 2005, ch 120, § 372.
22-3-3.1. Distinction between accessory before the fact and principal abrogated.
The distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated. Any person connected with the commission of a felony, whether that person directly commits the act constituting the offense or aids and abets in its commission, though not present, shall be prosecuted, tried, and punished as a principal.
Source: SDC 1939 & Supp 1960, § 34.0504; SDCL, § 23-10-3; SL 1978, ch 185, § 2; SL 2005, ch 120, § 373.
22-3-5. Accessory to crime--Misdemeanor excepted--"Render assistance" defined--Penalty.
A person is an accessory to a crime, if, with intent to hinder, delay, or prevent the discovery, detection, apprehension, prosecution, conviction, or punishment of another for the commission of a felony, that person renders assistance to the other person. There are no accessories to misdemeanors.
The term, render assistance, means to:
(1) Harbor or conceal the other person;
(2) Warn the other person of impending discovery or apprehension, other than a warning given in an effort to bring the other person into compliance with the law;
(3) Provide the other person with money, transportation, a weapon, a disguise, or any other thing to be used in avoiding discovery or apprehension;
(4) Obstruct anyone by force, intimidation, or deception in the performance of any act which might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person; or
(5) Conceal, destroy, or alter any physical evidence that might aid in the discovery, detection, apprehension, prosecution, conviction, or punishment of the other person.
A violation of this section is a Class 5 felony. A violation of this section is a Class 4 felony if the person is an accessory to the crime of murder in the first degree pursuant to § 22-16-4 or murder in the second degree pursuant to § 22-16-7.
Source: SDC 1939, § 13.0203; SL 1976, ch 158, § 3-3; SL 2005, ch 120, § 374; SL 2024, ch 79, § 1.
22-3-5.1. Accessory punishable though principal not tried or acquitted.
An accessory to the commission of a felony may be prosecuted, tried, and punished, even if the principal is not prosecuted or tried, or even if the principal was acquitted.
Source: SDC 1939 & Supp 1960, § 34.0505; SDCL, § 23-10-5; SL 1978, ch 185, § 3; SL 2005, ch 120, § 375.
22-3-8. Conspiracy to commit offense--Punishment.
If two or more persons conspire, either to commit any offense against the State of South Dakota, or to defraud the State of South Dakota, or any county, township, school district, or municipal corporation in any manner or for any purpose, and one or more of the parties do any act to effect the object of the conspiracy, each of the parties to such conspiracy is guilty of conspiracy and may be punished up to the maximum penalty which may be imposed for a crime which is one level below the penalty prescribed for the crime underlying the conspiracy. However, it is not a crime to conspire to commit a Class 2 misdemeanor or a petty offense.
Source: SL 1941, ch 45, § 1; SDC Supp 1960, § 13.0306; SL 1976, ch 158, § 3-4; SL 2005, ch 120, § 376.
22-3-9. Liability to punishment for act outside state aiding injury within state.
Any person who, while out of the state, causes, aids, advises, or encourages another person to injure any person or property in this state by means of any act or neglect which is a crime in this state, is liable to punishment under the laws of this state.
Source: SDC 1939, § 13.0602 (4); SDCL, § 23-9-15; SL 1978, ch 185, § 1.
