22-16-20.2. Lesser included offense instruction.
A lesser included offense instruction shall be given at any homicide trial whenever any facts are submitted to the trier of fact which would support such an offense pursuant to this chapter. The state and the defendant each have the separate right to request a lesser included offense instruction. The failure to request a lesser included offense instruction constitutes a waiver of the right to such an instruction.
Source: SL 2005, ch 120, ยง437.
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.