22-3-1. Persons capable of committing crimes--Exceptions.
Any person is capable of committing a crime, except those included in the following classes:
(1)Any child under the age of ten years;
(2)Any child of the age of ten years , but under the age of fourteen years, in the absence of proof that at the time of the committing the act or neglect charged, the child knew its wrongfulness;
(3)Any person who committed the act or made the omission charged under ignorance or mistake of fact which disproves any criminal intent. However, ignorance of the law does not excuse a person from punishment for its violation;
(4)Any person who committed the act charged without being conscious thereof; or
(5)Any person who committed the act or made the omission charged while under involuntary subjection to the power of superiors.
Source: SDC 1939, §13.0201; SL 1968, ch 28, §§1, 2; SL 1976, ch 158, §§3-1, 3-5; SL 1983, ch 174, §3; SL 1985, ch 192, §10; SL 2005, ch 120, §370.
Structure South Dakota Codified Laws
Chapter 03 - Parties To Crimes
Section 22-3-1 - Persons capable of committing crimes--Exceptions.
Section 22-3-1.1 - Voluntary consumption of alcohol or controlled substance not causing insanity.
Section 22-3-3 - Aiding, abetting or advising--Accountability as principal.
Section 22-3-3.1 - Distinction between accessory before the fact and principal abrogated.
Section 22-3-5 - Accessories to crime--Misdemeanors excepted.
Section 22-3-5.1 - Accessory punishable though principal not tried or acquitted.
Section 22-3-8 - Conspiracy to commit offense--Punishment.
Section 22-3-9 - Liability to punishment for act outside state aiding injury within state.