22-16-4. Homicide as murder in the first degree.
Homicide is murder in the first degree :
(1)If perpetrated without authority of law and with a premeditated design to effect the death of the person killed or of any other human being, including an unborn child; or
(2)If committed by a person engaged in the perpetration of, or attempt to perpetrate, any arson, rape, robbery, burglary, kidnapping, or unlawful throwing, placing, or discharging of a destructive device or explosive.
Homicide is also murder in the first degree if committed by a person who perpetrated, or who attempted to perpetrate, any arson, rape, robbery, burglary, kidnapping or unlawful throwing, placing or discharging of a destructive device or explosive and who subsequently effects the death of any victim of such crime to prevent detection or prosecution of the crime.
Source: SDC 1939, §13.2007 (1); SL 1979, ch 160, §2; SL 1980, ch 173, §9; SL 1992, ch 161; SL 2005, ch 120, §154.
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.