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2018 South Dakota Codified Laws
Title 23A - CRIMINAL PROCEDURE
Chapter 26 - (Rule 31) Verdict
§ 23A-26-14 Guilty but mentally ill verdict--Required findings.
Universal Citation: SD Codified L § 23A-26-14 (2018)
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.
Source: SL 1983, ch 174, ยง 16; SL 1986, ch 25.
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