23A-26-12.3. Burden of proof.
104 words·~1 min read·
/sd/title-23/chapter-23-26/23a-26-12-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In a hearing pursuant to § 23A-26-12.2 , a person found not guilty only by reason of insanity of an offense involving bodily injury to, or serious damage to the property of, another person, or involving a substantial risk of such injury or damage, has the burden of proving by clear and convincing evidence that his release would not create a substantial risk of bodily injury to another person or serious damage of property of another due to a present mental illness or defect. With respect to any other offense, the person has the burden of such proof by a preponderance of the evidence.