22-16-31. Excusable homicide--Heat of passion--Provocation--Sudden combat--Limitations.
Homicide is excusable if committed by accident and misfortune in the heat of passion, upon sudden and sufficient provocation, or upon a sudden combat. However, to be excusable, no undue advantage may be taken nor any dangerous weapon used and the killing may not be done in a cruel or unusual manner.
Source: SDC 1939, §13.2002 (2); SL 2005, ch 120, §162.
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.