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South Dakota Capital Punishment Laws
More Information on Capital Punishment Laws
| Code Section | 22-16-4; 23A-27A-1, et seq. |
| Is Capital Punishment Allowed? | Yes |
| Effect of Defendant's Incapacity | Sentence suspended during period of mental incompetency or while defendant is pregnant. In event of pregnancy, execution may be carried out not less than 30 days nor more than 90 days from date of new warrant from the governor appointing the execution; life sentence without parole if mentally retarded at time of crime and was mentally retarded before age 18 |
| Minimum Age | No minimum age |
| Available for Crimes Other than Homicide? | - |
| Definition of Capital Homicide | Prior felony convictions, class A/B felony/serious assaultive criminal convictions; knowingly created great risk of death to others; for the benefit of the defendant or another; for the purpose of receiving money or any other thing of monetary value; for remuneration or as agent/employee of another; members of criminal justice system (judge, attorneys) related to their exercise of duties; outrageously or wantonly vile, horrible or inhuman; law officer, corrections employee, fireman while engaged in performance of official duties; offender escaped from lawful custody/confinement; avoiding lawful arrest of himself or another; in connection with distributing, manufacturing or dispensing illegal substances; testimony regarding impact of crime on victim's family; if victim is less than 13 years old |
| Method of Execution | Lethal injection |
Note: State laws are constantly changing -- contact an attorney or conduct your own legal research to verify the state law(s) you are researching.
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