22-16-15. Homicide as manslaughter in first degree--Felony.
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.
Structure South Dakota Codified Laws
Chapter 16 - Homicide And Suicide
Section 22-16-1 - Homicide defined.
Section 22-16-1.1 - Fetal homicide--Felony--Application.
Section 22-16-2 - Corpus delicti--Proof beyond reasonable doubt.
Section 22-16-3 - Relationship between accused and victim bearing on degree of homicide.
Section 22-16-4 - Homicide as murder in the first degree.
Section 22-16-5 - Premeditated design to effect the death defined.
Section 22-16-6 - Anger or voluntary intoxication not reducing degree of crime.
Section 22-16-7 - Homicide as murder in the second degree.
Section 22-16-8 - Lack of intent to injure not reducing degree of crime.
Section 22-16-12 - Classification of murder.
Section 22-16-15 - Homicide as manslaughter in first degree--Felony.
Section 22-16-20 - Manslaughter in the second degree.
Section 22-16-20.1 - Lesser included offenses.
Section 22-16-20.2 - Lesser included offense instruction.
Section 22-16-30 - Excusable homicide--Lawful acts.
Section 22-16-31 - Excusable homicide--Heat of passion--Provocation--Sudden combat--Limitations.
Section 22-16-33 - Justifiable homicide--Apprehending felon--Suppressing riot--Preserving peace.
Section 22-16-36 - Suicide defined.
Section 22-16-37 - Aiding and abetting suicide--Felony.
Section 22-16-39 - Incapability of suicide no defense.
Section 22-16-40 - Duty of law officers to report suicide attempts.