By Olivia Wathne, Esq. | Legally reviewed by FindLaw Staff | Last reviewed November 22, 2024
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Capital punishment, more commonly known as the death penalty, is only for the most serious murder charges. Under South Dakota law, a person can only get the death penalty in cases where another person dies. For example, the murder of a law enforcement or court official is a capital offense.
South Dakota capital punishment laws exempt those who are ruled "insane" or suffer from "a severe mental disorder or disability that significantly impaired their capacity to appreciate the nature, consequences, or wrongfulness of his or her conduct." The law also establishes a minimum age of 18 for executions.
South Dakota's history with the death penalty has seen a lot of change over the years. Capital punishment was established in 1887, using hanging before transitioning to electrocution in 1947. The U.S. Supreme Court's landmark decision in Furman v. Georgia (1972) temporarily halted executions nationwide, including in South Dakota.
The South Dakota Supreme Court and the state senate reintroduced lethal injection in 1979 following the U.S. Court's reinstatement of capital punishment. High-profile cases such as those of Jack McCall and George Sitts, along with decisions by the attorney general, have shaped the state's approach.
The law in South Dakota underwent a significant change in 1984 when lethal injection became the sole method of execution. Legal and ethical considerations influenced the shift to lethal injection.
The first use of lethal injection in the state was in 2007 when the state of South Dakota executed Elijah Page for the murder of Chester Allen Poage.
Once the court has scheduled the death penalty date, the defendant may seek clemency from the governor. The governor has full and sole authority to grant clemency. If there is no clemency — and if any last-minute motions by the defendant such as successor motions for appropriate relief, are unsuccessful — the defendant will face lethal injection.
Learn more about South Dakota's capital punishment laws in the following table. See FindLaw's Death Penalty section for more articles.
| Code section | |
|---|---|
| Is capital punishment allowed? | Yes |
| Clemency process | The governor may get a non-binding recommendation of clemency from a board or advisory group. The governor may also submit an application for clemency to the board of pardons and paroles for its recommendation. The governor may, by executive order, delegate to the board the authority to consider applications for clemency and make recommendations to the governor. The governor is not bound to follow any recommendation returned by the board. |
| How is the sentence determined? | The jury decides on aggravators. The judge decides sentence. |
| Available for crimes other than homicide? | No |
| Method of execution | Lethal injection |
| Is life without parole an option? | Yes |
| Minimum age | 18 |
| Effect of defendant's incapacity | Sentence suspended during period of mental incompetency or while defendant is pregnant. In the event of pregnancy, execution may be carried out not less than 30 days nor more than 90 days from the date of a new warrant from the governor appointing the execution; life sentence without parole if mentally incompetent at the time of the crime and was mentally incompetent before the age 18. |
| Definition of capital homicide |
|
Note: State laws are constantly changing — contact a South Dakota criminal defense attorney or conduct your own legal research to verify the state laws you are researching.
South Dakota's death row, at the South Dakota State Penitentiary in Sioux Falls, houses inmates who have a death sentence under the state's capital punishment laws. Managed by the South Dakota Department of Corrections, the facility can house a small number of death row inmates.
South Dakota has only one death row inmate, Briley Piper, who is at the state penitentiary for the 2000 murder of Chester Poage in connection with Page. Since late 2019, the state has not carried out any executions.
Capital punishment is as severe as criminal penalties can get. If someone has accused you of a crime that has the possibility of a death sentence, you should contact a South Dakota criminal defense attorney to discuss your case and find out about your rights and options.
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Get tailored advice and ask your legal questions. Many South Dakota attorneys offer free consultations.
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