The Death Penalty in South Dakota
How South Dakota law treats death penalty, from the state code and official state agencies.
Short answer: South Dakota has the death penalty. First-degree murder is a Class A felony, punishable by death or life imprisonment (no lesser sentence is allowed). SDCL 22-16-12, 22-6-1(1), 23A-27A-1, 23A-27A-32
| Death penalty | South Dakota has the death penalty. First-degree murder is a Class A felony, punishable by death or life imprisonment (no lesser sentence is allowed). In cases where death may be imposed, the judge or jury must consider mitigating circumstances and statutory aggravating circumstances, such as a prior Class A or B felony conviction, murder for money, or a murder that was especially vile, involving torture. The statute sets the method: intravenous injection of a lethal substance, carried out inside a state correctional facility. |
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FAQ
Does South Dakota have the death penalty?
South Dakota has the death penalty. First-degree murder is a Class A felony, punishable by death or life imprisonment (no lesser sentence is allowed). In cases where death may be imposed, the judge or jury must consider mitigating circumstances and statutory aggravating circumstances, such as a prior Class A or B felony conviction, murder for money, or a murder that was especially vile, involving torture. The statute sets the method: intravenous injection of a lethal substance, carried out inside a state correctional facility.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.