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2021 South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 25 - Jury Instructions And Deliberations
Section 23A-25-13 - Guilty but mentally ill verdict--Forms furnished--Instructions.
Universal Citation: SD Codified L § 23A-25-13 (2021)
23A-25-13. Guilty but mentally ill verdict--Forms furnished--Instructions.
If a defense of insanity or mental illness has been presented during a trial, the court shall provide the jury with a special verdict form of "guilty but mentally ill" for each offense. The court shall instruct the jury that a special verdict of "guilty but mentally ill" may be returned instead of a general verdict. The court shall also instruct the jury that the special verdict requires a finding beyond a reasonable doubt by the jury that the defendant committed the offense but that he was mentally ill at the time he committed the offense.
Source: SL 1983, ch 174, ยง13; SL 1988, ch 191.
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