S.D. Codified Laws § 22-3-1 (2026)
Persons capable of committing crimes--Exceptions.
SDC 1939, § 13.0201; SL 1968, ch 28 , §§ 1, 2; SL 1976, ch 158 , §§ 3-1 , 3-5 ; SL 1983, ch 174 , § 3; SL 1985, ch 192 , § 10; SL 2005, ch 120 , § 370.
Any person is capable of committing a crime, except those included in the following classes:
- (1) Any child under the age of ten years;
- (2) Any child of the age of ten years , but under the age of fourteen years, in the absence of proof that at the time of the committing the act or neglect charged, the child knew its wrongfulness;
- (3) Any person who committed the act or made the omission charged under ignorance or mistake of fact which disproves any criminal intent. However, ignorance of the law does not excuse a person from punishment for its violation;
- (4) Any person who committed the act charged without being conscious thereof; or
- (5) Any person who committed the act or made the omission charged while under involuntary subjection to the power of superiors.
Source: SDC 1939, § 13.0201; SL 1968, ch 28 , §§ 1, 2; SL 1976, ch 158 , §§ 3-1 , 3-5 ; SL 1983, ch 174 , § 3; SL 1985, ch 192 , § 10; SL 2005, ch 120 , § 370.