{"id":376354,"date":"2016-04-11T01:23:54","date_gmt":"2016-04-11T06:23:54","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/south-dakota-law\/south-dakota-second-degree-murder.html"},"modified":"2016-06-20T19:51:28","modified_gmt":"2016-06-21T00:51:28","slug":"south-dakota-second-degree-murder","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/south-dakota-law\/south-dakota-second-degree-murder.html","title":{"rendered":"South Dakota Second-Degree Murder"},"content":{"rendered":"\n
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South Dakota Second-Degree Murder<\/h1>\n
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Created by FindLaw’s team<\/a> of legal writers and editors<\/i><\/p>\n\n | Last updated\n

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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

In South Dakota, there are five types of homicide<\/a>: murder, manslaughter, excusable homicide, justifiable homicide, and vehicular homicide. The crime of murder is then divided into first-degree murder<\/a> and second-degree murder<\/a>. This article provides an overview of South Dakota’s second-degree murder law.<\/p>\n\n

Code Section<\/b><\/p>\n<\/td>\n

South Dakota Code section 22-16-7: Second Degree Murder<\/b><\/td>\n<\/tr>

What’s Prohibited?<\/b><\/p>\n<\/td>\n

Homicide is murder in the second degree if perpetrated by any act imminently dangerous to others and evincing a depraved mind, without regard to human life, although without any premeditated design to effect the death of any particular person (including an unborn child).<\/td>\n<\/tr>
What if the Offender Didn’t Intend to Injure?<\/b><\/td>\nThe act of second degree murder isn’t mitigated because the offender didn’t have the actual intent to injure another person.<\/td>\n<\/tr>

Penalties <\/b><\/p>\n<\/td>\n

Murder in the second degree is a Class B felony that may be punished by life in prison and a fine of $50,000.<\/td>\n<\/tr><\/tbody><\/table>\n

Second-Degree Murder Defenses<\/h2>\n

While there are multiple defenses that that a defendant charged with second-degree murder can potentially put forward in court, there are several commonly used defenses including:<\/p>\n