S.D. Codified Laws § 22-16-15 (2026)
Homicide as manslaughter in first degree--Felony.
SDC 1939, §§ 13.2013, 13.2015; SDCL, §§ 22-16-16 , 22-16-17, 22-16-19; SL 1976, ch 158 , § 16-3 ; SL 1977, ch 189 , § 41; SL 1995, ch 122 , § 11; SL 2005, ch 120 , § 160.
Homicide is manslaughter in the first degree if perpetrated:
- (1) Without any design to effect death, including an unborn child, while engaged in the commission of any felony other than as provided in § 22-16-4(2);
- (2) Without any design to effect death, including an unborn child, and in a heat of passion, but in a cruel and unusual manner;
- (3) Without any design to effect death, including an unborn child, but by means of a dangerous weapon;
- (4) Unnecessarily, either while resisting an attempt by the person killed to commit a crime or after such attempt has failed. Manslaughter in the first degree is a Class C felony.
Source: SDC 1939, §§ 13.2013, 13.2015; SDCL, §§ 22-16-16 , 22-16-17, 22-16-19; SL 1976, ch 158 , § 16-3 ; SL 1977, ch 189 , § 41; SL 1995, ch 122 , § 11; SL 2005, ch 120 , § 160.