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2019 South Dakota Codified Laws
Title 22 - Crimes
Chapter 05 - Defenses
§ 22-5-10 Insanity as affirmative defense--Burden of proof.
Universal Citation: SD Codified L § 22-5-10 (2019)
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, ยง 11.
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