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2019 South Dakota Codified Laws
Title 22 - Crimes
Chapter 05 - Defenses
§ 22-5-5 Voluntary intoxication--Crimes involving motive or intent.
Universal Citation: SD Codified L § 22-5-5 (2019)
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.
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