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Code · South Dakota · Title 22 · Chapter 22-5

22-5-10. Insanity as affirmative defense--Burden of proof.

38 words·~1 min read·/sd/title-22/chapter-22-5/22-5-10

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Insanity is an affirmative defense to a prosecution for any criminal offense. Mental disease or defect does not otherwise constitute a defense. The defendant has the burden of proving the defense of insanity by clear and convincing evidence.
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