23A-26-14. Guilty but mentally ill verdict--Required findings.
If the defendant raises the defense of "not guilty and not guilty by reason of insanity," he may be found "guilty but mentally ill" if the trier of fact finds all of the following beyond a reasonable doubt:
(1)The defendant is guilty of an offense; and
(2)The defendant was mentally ill when he committed the offense.
Source: SL 1983, ch 174, ยง16; SL 1986, ch 25.
Structure South Dakota Codified Laws
Title 23A - Criminal Procedure
Chapter 26 - (Rule 31) Verdict
Section 23A-26-1 - (Rule 31(a)) Unanimous verdict required--Return in open court.
Section 23A-26-3 - General verdict required--Special verdict permitted.
Section 23A-26-4 - Form of general verdict on not guilty plea.
Section 23A-26-5 - Form of verdict acquitting for insanity.
Section 23A-26-6 - Direction to reconsider improper verdict.
Section 23A-26-7 - Verdict as to degree of crime--Lowest degree found on reasonable doubt.
Section 23A-26-8 - (Rule 31(c)) Conviction of included offense or attempt.
Section 23A-26-9 - Appearance of defendant--When required for verdict.
Section 23A-26-11 - Recording of verdict--Inquiry of jury.
Section 23A-26-12.1 - Mental examination and report before hearing.
Section 23A-26-12.2 - Hearing.
Section 23A-26-12.3 - Burden of proof.
Section 23A-26-12.4 - Commitment--Duration.
Section 23A-26-12.5 - Release--Procedure--Compliance with prescribed regimen as condition.
Section 23A-26-12.6 - Failure to comply with regimen--Notice--Arrest--Court determination.
Section 23A-26-14 - Guilty but mentally ill verdict--Required findings.