South DakotaSouth Dakota



Competency/ Insanity


Juvenile: A juvenile cannot be prosecuted while incompetent; procedure to evaluate and determine competency. SDCL §§ 26-7A-32.1 through 26-7A-32.12


Special Rules

Hearsay: A statement made by a child under the age of thirteen, or by a child thirteen years of age or older who is developmentally disabled, describing any act of sexual contact or rape performed with or on the child by another, or describing any act of physical abuse or neglect of the child by another, or any act of physical abuse or neglect of another child observed by the child making the statement, not otherwise admissible by statute or court rule, is admissible in evidence in criminal proceedings against the defendant if certain conditions are met.  SDCL § 19-19-806.1



Death Penalty

Death penalty not to be imposed on person mentally retarded when crime committed. Notwithstanding any other provision of law, the death penalty may not be imposed upon any person who was mentally retarded at the time of the commission of the offense and whose mental retardation was manifested and documented before the age of eighteen years. SDCL § 23A-27A-26.1